As Passed by the Senate 1
122nd General Assembly 4
Regular Session Am. Sub. S. B. No. 60 5
1997-1998 6
SENATORS OELSLAGER-GARDNER-LATELL-LATTA 8
10
A B I L L
To amend sections 125.56, 1905.01, 2301.374, 12
2919.22, 4501.01, 4501.021, 4501.25, 4503.10, 14
4503.103, 4503.12, 4503.19, 4503.27, 4503.301,
4503.31, 4503.311, 4503.312, 4503.33, 4503.84, 15
4505.07, 4505.08, 4505.11, 4506.01, 4506.08, 16
4506.14, 4506.16, 4506.17, 4507.01, 4507.02,
4507.021, 4507.022, 4507.08, 4507.09, 4507.10, 18
4507.13, 4507.14, 4507.16, 4507.162, 4507.163,
4507.169, 4507.50, 4507.52, 4509.31, 4511.191, 19
4511.193, 4511.195, 4511.196, 4511.99, 4513.61, 20
4513.63, and 4519.04 and to enact sections 22
4505.021 and 4507.012 of the Revised Code to make 23
changes in the law governing the operation, 24
registration, and titling of motor vehicles and
in the law governing the operation of the Bureau 25
of Motor Vehicles.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 27
Section 1. That sections 125.56, 1905.01, 2301.374, 29
2919.22, 4501.01, 4501.021, 4501.25, 4503.10, 4503.103, 4503.12, 32
4503.19, 4503.27, 4503.301, 4503.31, 4503.311, 4503.312, 4503.33, 33
4503.84, 4505.07, 4505.08, 4505.11, 4506.01, 4506.08, 4506.14, 34
4506.16, 4506.17, 4507.01, 4507.02, 4507.021, 4507.022, 4507.08, 35
4507.09, 4507.10, 4507.13, 4507.14, 4507.16, 4507.162, 4507.163, 36
4507.169, 4507.50, 4507.52, 4509.31, 4511.191, 4511.193, 38
4511.195, 4511.196, 4511.99, 4513.61, 4513.63, and 4519.04 be
amended and section 4507.012 of the Revised Code be enacted to 40
2
read as follows: 41
Sec. 125.56. All (A) EXCEPT AS PROVIDED IN DIVISION (B) 44
OF THIS SECTION, ALL printing under sections 125.43 to 125.76 of 45
the Revised Code, must SHALL be executed within this state.
(B) DIVISION (A) OF THIS SECTION DOES NOT APPLY TO 47
PRINTING CONTRACTS REQUIRING SPECIAL, SECURITY PAPER OF A UNIQUE 48
NATURE IF COMPLIANCE WITH DIVISION (A) WILL RESULT IN AN 49
EXCESSIVE PRICE FOR THE PRODUCT OR ACQUIRING A DISPROPORTIONATELY 50
INFERIOR PRODUCT.
(C) AS USED IN THIS SECTION, "EXCESSIVE PRICE" MEANS A 52
PRICE THAT EXCEEDS BY MORE THAN FIVE PER CENT THE LOWEST PRICE 53
SUBMITTED ON A NON-OHIO BID. 54
Sec. 1905.01. (A) In all municipal corporations not being 63
the site of a municipal court nor a place where a judge of the 64
Auglaize county, Crawford county, Jackson county, Miami county, 65
Portage county, or Wayne county municipal court sits as required 66
pursuant to section 1901.021 of the Revised Code or by 67
designation of the judges pursuant to section 1901.021 of the 68
Revised Code, the mayor of the municipal corporation has 69
jurisdiction, except as provided in divisions (B) and (C) of this 70
section and subject to the limitation contained in section 71
1905.03 and the limitation contained in section 1905.031 of the 72
Revised Code, to hear and determine any prosecution for the 73
violation of an ordinance of the municipal corporation, to hear 74
and determine any case involving a violation of a vehicle parking 75
or standing ordinance of the municipal corporation unless the 76
violation is required to be handled by a parking violations 77
bureau or joint parking violations bureau pursuant to Chapter 78
4521. of the Revised Code, and to hear and determine all criminal 79
causes involving any moving traffic violation occurring on a 80
state highway located within the boundaries of the municipal 81
corporation, subject to the limitations of sections 2937.08 and 82
2938.04 of the Revised Code. 83
(B)(1) In all municipal corporations not being the site of 85
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a municipal court nor a place where a judge of a court listed in 86
division (A) of this section sits as required pursuant to section 87
1901.021 of the Revised Code or by designation of the judges 88
pursuant to section 1901.021 of the Revised Code, the mayor of 89
the municipal corporation has jurisdiction, subject to the 90
limitation contained in section 1905.03 of the Revised Code, to 91
hear and determine prosecutions involving a violation of an 92
ordinance of the municipal corporation relating to operating a 93
vehicle while under the influence of alcohol, a drug of abuse, or 94
alcohol and a drug of abuse or relating to operating a vehicle 95
with a prohibited concentration of alcohol in the blood, breath, 96
or urine, and to hear and determine criminal causes involving a 97
violation of section 4511.19 of the Revised Code that occur on a 98
state highway located within the boundaries of the municipal 99
corporation, subject to the limitations of sections 2937.08 and 100
2938.04 of the Revised Code, only if the person charged with the 101
violation, within five years of the date of the violation 102
charged, has not been convicted of or pleaded guilty to any of 103
the following: 104
(a) A violation of an ordinance of any municipal 106
corporation relating to operating a vehicle while under the 107
influence of alcohol, a drug of abuse, or alcohol and a drug of 108
abuse or relating to operating a vehicle with a prohibited 109
concentration of alcohol in the blood, breath, or urine; 110
(b) A violation of section 4511.19 of the Revised Code; 112
(c) A violation of any ordinance of any municipal 114
corporation or of any section of the Revised Code that regulates 115
the operation of vehicles, streetcars, and trackless trolleys 116
upon the highways or streets, in relation to which all of the 117
following apply: 118
(i) The person, in the case in which the conviction was 120
obtained or the plea of guilty was entered, had been charged with 121
a violation of an ordinance of any municipal corporation relating 122
to operating a vehicle while under the influence of alcohol, a 123
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drug of abuse, or alcohol and a drug of abuse or relating to 124
operating a vehicle with a prohibited concentration of alcohol in 125
the blood, breath, or urine, or with a violation of section 126
4511.19 of the Revised Code; 127
(ii) The charge of the violation described in division 129
(B)(1)(c)(i) of this section was dismissed or reduced; 130
(iii) The violation of which the person was convicted or 132
to which the person pleaded guilty arose out of the same facts 134
and circumstances and the same act as did the charge that was
dismissed or reduced. 135
(d) A violation of a statute of THE UNITED STATES OR OF 138
any other state or a municipal ordinance of a municipal 139
corporation located in any other state that is substantially 140
similar to section 4511.19 of the Revised Code.
(2) The mayor of a municipal corporation does not have 142
jurisdiction to hear and determine any prosecution or criminal 143
cause involving a violation described in division (B)(1)(a) or 144
(b) of this section, regardless of where the violation occurred, 145
if the person charged with the violation, within five years of 146
the violation charged, has been convicted of or pleaded guilty to 147
any violation listed in division (B)(1)(a), (b), (c), or (d) of 149
this section.
If the mayor of a municipal corporation, in hearing a 151
prosecution involving a violation of an ordinance of the 152
municipal corporation the mayor serves relating to operating a 154
vehicle while under the influence of alcohol, a drug of abuse, or
alcohol and a drug of abuse or relating to operating a vehicle 155
with a prohibited concentration of alcohol in the blood, breath, 156
or urine, or in hearing a criminal cause involving a violation of 157
section 4511.19 of the Revised Code, determines that the person 158
charged, within five years of the violation charged, has been 159
convicted of or pleaded guilty to any violation listed in 160
division (B)(1)(a), (b), (c), or (d) of this section, the mayor 162
immediately shall transfer the case to the county court or 163
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municipal court with jurisdiction over the violation charged, in 164
accordance with section 1905.032 of the Revised Code. 165
(C)(1) In all municipal corporations not being the site of 167
a municipal court and not being a place where a judge of a court 168
listed in division (A) of this section sits as required pursuant 169
to section 1901.021 of the Revised Code or by designation of the 170
judges pursuant to section 1901.021 of the Revised Code, the 171
mayor of the municipal corporation, subject to sections 1901.031, 172
2937.08, and 2938.04 of the Revised Code, has jurisdiction to 173
hear and determine prosecutions involving a violation of a 174
municipal ordinance that is substantially equivalent to division 175
(B)(1) or (D)(2) of section 4507.02 of the Revised Code and to 176
hear and determine criminal causes that involve a moving traffic 177
violation, that involve a violation of division (B)(1) or (D)(2) 178
of section 4507.02 of the Revised Code, and that occur on a state 179
highway located within the boundaries of the municipal 180
corporation only if all of the following apply regarding the 181
violation and the person charged: 182
(a) Regarding a violation of division (B)(1) of section 184
4507.02 of the Revised Code or a violation of a municipal 185
ordinance that is substantially equivalent to that division, the 186
person charged with the violation, within five years of the date 187
of the violation charged, has not been convicted of or pleaded 188
guilty to any of the following: 189
(i) A violation of division (B)(1) of section 4507.02 of 191
the Revised Code; 192
(ii) A violation of a municipal ordinance that is 194
substantially equivalent to division (B)(1) of section 4507.02 of 195
the Revised Code; 196
(iii) A violation of any municipal ordinance or section of 198
the Revised Code that regulates the operation of vehicles, 199
streetcars, and trackless trolleys upon the highways or streets, 200
in a case in which, after a charge against the person of a 201
violation of a type described in division (C)(1)(a)(i) or (ii) of 202
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this section was dismissed or reduced, the person is convicted of 203
or pleads guilty to a violation that arose out of the same facts 204
and circumstances and the same act as did the charge that was 205
dismissed or reduced. 206
(b) Regarding a violation of division (D)(2) of section 208
4507.02 of the Revised Code or a violation of a municipal 209
ordinance that is substantially equivalent to that division, the 210
person charged with the violation, within five years of the date 211
of the violation charged, has not been convicted of or pleaded 212
guilty to any of the following: 213
(i) A violation of division (D)(2) of section 4507.02 of 215
the Revised Code; 216
(ii) A violation of a municipal ordinance that is 218
substantially equivalent to division (D)(2) of section 4507.02 of 219
the Revised Code; 220
(iii) A violation of any municipal ordinance or section of 222
the Revised Code that regulates the operation of vehicles, 223
streetcars, and trackless trolleys upon the highways or streets 224
in a case in which, after a charge against the person of a 225
violation of a type described in division (C)(1)(b)(i) or (ii) of 226
this section was dismissed or reduced, the person is convicted of 227
or pleads guilty to a violation that arose out of the same facts 228
and circumstances and the same act as did the charge that was 229
dismissed or reduced. 230
(2) The mayor of a municipal corporation does not have 232
jurisdiction to hear and determine any prosecution or criminal 233
cause involving a violation described in division (C)(1)(a)(i) or 234
(ii) of this section if the person charged with the violation, 235
within five years of the violation charged, has been convicted of 236
or pleaded guilty to any violation listed in division 237
(C)(1)(a)(i), (ii), or (iii) of this section and does not have 238
jurisdiction to hear and determine any prosecution or criminal 239
cause involving a violation described in division (C)(1)(b)(i) or 240
(ii) of this section if the person charged with the violation, 241
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within five years of the violation charged, has been convicted of 242
or pleaded guilty to any violation listed in division 243
(C)(1)(b)(i), (ii), or (iii) of this section. 244
(3) If the mayor of a municipal corporation, in hearing a 246
prosecution involving a violation of an ordinance of the 247
municipal corporation the mayor serves that is substantially 248
equivalent to division (B)(1) or (D)(2) of section 4507.02 of the 250
Revised Code or a violation of division (B)(1) or (D)(2) of 251
section 4507.02 of the Revised Code, determines that, under 252
division (C)(2) of this section, mayors do not have jurisdiction 253
of the prosecution, the mayor immediately shall transfer the case 254
to the county court or municipal court with jurisdiction over the 255
violation in accordance with section 1905.032 of the Revised 256
Code.
(D) If the mayor of a municipal corporation has 258
jurisdiction pursuant to division (B)(1) of this section to hear 259
and determine a prosecution or criminal cause involving a 260
violation described in division (B)(1)(a) or (b) of this section, 261
the authority of the mayor to hear or determine the prosecution 262
or cause is subject to the limitation contained in division (C) 263
of section 1905.03 of the Revised Code. If the mayor of a 264
municipal corporation has jurisdiction pursuant to division (A) 265
or (C) of this section to hear and determine a prosecution or 266
criminal cause involving a violation other than a violation 267
described in division (B)(1)(a) or (b) of this section, the 268
authority of the mayor to hear or determine the prosecution or 269
cause is subject to the limitation contained in division (C) of 271
section 1905.031 of the Revised Code.
(E) In keeping a docket and files, the mayor, and a 273
mayor's court magistrate appointed under section 1905.05 of the 274
Revised Code, shall be governed by the laws pertaining to county 275
courts. 276
Sec. 2301.374. (A) The director of human services shall 285
specify a date for the purposes of this section, which shall be 286
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the later of the date the support enforcement tracking system is 287
expected to be operational in all the counties of the state, or 288
the date that is six months after the effective date of this 289
section.
(B)(1) If a court or child support enforcement agency 292
makes a final and enforceable determination pursuant to division
(B) of section 3113.21 of the Revised Code prior to the date 293
specified under division (A) of this section that an individual 294
is in default under a child support order, the agency 295
administering or handling the child support order may determine 296
whether the individual holds a commercial driver's license or 297
commercial driver's temporary instruction permit issued by the 298
registrar of motor vehicles or a deputy registrar or, if 299
possible, whether the individual has applied, or is likely to 300
apply, for such a license or permit. If the agency determines 301
that the individual holds, has applied for, or is likely to apply 302
for, such a license or permit, it shall send the individual the 303
notice specified in division (B)(2) of this section. The agency 304
also may send a notice to the registrar of motor vehicles that 305
gives the name and social security number or other identifying 306
number of the individual and states that a court or agency has 307
determined the individual to be in default under a child support 309
order.
(2) Notice shall be sent to the individual described in 312
division (B)(1) of this section by first class mail. The notice 313
shall specify that a court or agency has determined the 314
individual to be in default under a child support order, that a 315
notice containing the individual's name and social security 316
number or other identification number may be sent under division 317
(B)(1) of this section to the registrar, and that, if the 319
registrar receives that notice and determines that the individual 320
is the individual named in that notice and the registrar has not
received notice under division (B)(3) of this section, all of the 322
following will occur:
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(a) The registrar and all deputy registrars will be 325
prohibited from issuing to, or renewing for, the individual a 326
commercial driver's license or commercial driver's temporary
instruction permit; 327
(b) If the individual holds a commercial driver's license 329
or commercial driver's temporary instruction permit, the 330
registrar will impose a disqualification as defined in section 331
4506.01 of the Revised Code with respect to the license or permit 333
if the registrar determines that the individual is the individual 334
named in the notice sent pursuant to division (B)(1) of this 335
section;
(c) If the individual is the individual named in the 337
notice, the individual will not be issued, and the 338
disqualification will not be removed with respect to, any license 339
or permit listed in division (B)(2) of this section until the 340
registrar receives a notice under division (B)(3) of this 341
section. 342
(3) An agency that sent a notice under division (B)(1) of 345
this section shall send to the registrar a notice that the 346
individual is not in default under a child support order if it 347
determines that the individual is not in default or any of the 348
following occurs:
(a) The individual makes full payment to the agency of the 350
arrearage that was the basis for the court or agency 352
determination that the individual was in default; 353
(b) An appropriate withholding or deduction notice or 355
other appropriate order has been issued pursuant to section 357
3113.21 of the Revised Code to collect current support and any 358
arrearage due under the child support order that was in default 359
and the individual is complying with the notice or order; 360
(c) A new child support order has been issued or the child 362
support order that was in default has been modified as provided 363
under sections 3113.21 to 3113.219 of the Revised Code to collect 364
current support and any arrearage due under the child support 365
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order that was in default and the individual is complying with 366
the new or modified child support order. 367
The agency shall send the notice under this division not 369
later than seven days after it determines the individual is not 371
in default or that any of the circumstances specified in division 372
(B)(3) of this section has occurred. 375
(4)(a) On receipt of a notice pursuant to division (B)(1) 378
of this section, the registrar shall determine whether the 379
individual named in the notice holds or has applied for a 380
commercial driver's license or commercial driver's temporary 381
instruction permit. If the registrar determines that the 382
individual holds or has applied for a license or permit and the 383
individual is the individual named in the notice and does not 384
receive a notice pursuant to division (B)(3) of this section, the 385
registrar immediately shall provide notice of the determination 387
to each deputy registrar. The registrar or a deputy registrar 388
may not issue to the individual and may not renew for the
individual a commercial driver's license or commercial driver's 389
temporary instruction permit and the registrar shall impose a 390
disqualification on the individual with respect to the license or 392
permit held by the individual.
(b) The registrar shall maintain a list of names of 394
individuals identified in notices sent to the registrar pursuant 396
to division (B)(1) of this section that do not hold a commercial 397
driver's license or commercial driver's temporary instruction 398
permit. The registrar shall update the list quarterly and 399
provide each deputy registrar with a copy. On receipt of an
application for such a license or permit from an individual who 400
appears on the list, a deputy registrar shall notify the 401
registrar. On receipt of an application for such a license or 402
permit from such an individual or on receipt of a notice from a 403
deputy registrar pursuant to division (B)(4)(b) of this section, 404
the registrar shall proceed in accordance with division (B)(4)(a) 406
of this section. 407
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(c) Not later than seven days after receipt of a notice 409
pursuant to division (B)(3) of this section, the registrar shall 412
notify each deputy registrar of the notice. The registrar and 414
each deputy registrar shall then, if the individual otherwise is
eligible for the license or permit and wants the license or 415
permit, issue a license or permit to, or renew a license or 417
permit of, the individual, or, if a disqualification was imposed 418
on the individual with respect to the individual's license or 419
permit pursuant to division (B)(4)(a) of this section, remove the 421
disqualification. The registrar or a deputy registrar may charge 422
a fee of not more than twenty-five dollars for issuing or 423
renewing a license or permit for an individual or removing the 424
disqualification imposed on the individual's license or permit 425
pursuant to this division. THE FEES COLLECTED BY THE REGISTRAR 426
PURSUANT TO THIS SECTION SHALL BE PAID INTO THE STATE BUREAU OF
MOTOR VEHICLES FUND ESTABLISHED IN SECTION 4501.25 OF THE REVISED 427
CODE.
(d) Notwithstanding section 119.06 of the Revised Code, 430
the registrar shall not hold any hearing in connection with an 431
order refusing to issue or renew a license or permit for, or 432
imposing a disqualification with respect to a license or permit 433
of, an individual pursuant to this section.
(C)(1) If a court or child support enforcement agency 436
makes a final and enforceable determination pursuant to division
(B) of section 3113.21 of the Revised Code on or after the date 437
specified under division (A) of this section that an individual 439
is in default under a child support order, the agency 440
administering or handling the child support order may determine 441
whether the individual holds a driver's or commercial driver's 442
license, motorcycle operator's license or endorsement, temporary 443
instruction permit, or commercial driver's temporary instruction 444
permit issued by the registrar of motor vehicles or a deputy 445
registrar or, if possible, whether the individual has applied, or 446
is likely to apply, for such a license, endorsement, or permit. 447
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If the agency determines that the individual holds, has applied 448
for, or is likely to apply for, such a license, endorsement, or 449
permit, it shall send to the individual the notice specified in 450
division (C)(2) of this section. The agency also may send a 451
notice to the registrar of motor vehicles that gives the name and 452
social security number or other identifying number of the
individual and states that a court or agency has determined the 453
individual to be in default under a child support order. 455
(2) Notice shall be sent to the individual described in 458
division (C)(1) of this section by first class mail. The notice 459
shall specify that a court or agency has determined the 460
individual to be in default under a child support order, that a 461
notice containing the individual's name and social security 462
number or other identification number may be sent under division 463
(C)(1) of this section to the registrar, and that, if the 465
registrar receives that notice and determines that the individual 466
is the individual named in that notice and the registrar has not
received notice under division (C)(3) of this section, all of the 469
following will occur:
(a) The registrar and all deputy registrars will be 471
prohibited from issuing to the individual a driver's or 473
commercial driver's license, motorcycle operator's license or 475
endorsement, or temporary instruction permit or commercial 476
driver's temporary instruction permit;
(b) The registrar and all deputy registrars will be 478
prohibited from renewing for the individual a driver's or 480
commercial driver's license, motorcycle operator's license or 481
endorsement, or commercial driver's temporary instruction permit; 482
(c) If the individual holds a driver's or commercial 484
driver's license, motorcycle operator's license or endorsement, 485
or temporary instruction permit or commercial driver's temporary 486
instruction permit, it will be suspended if the registrar 487
determines that the individual is the individual named in the 488
notice sent pursuant to division (C)(1) of this section; 489
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(d) If the individual is the individual named in the 491
notice the individual will not be issued or have renewed any 492
license, endorsement, or permit, and no suspension will be lifted 493
with respect to any license, endorsement, or permit listed in 494
division (C)(2) of this section until the registrar receives a 496
notice under division (C)(3) of this section.
(3) An agency that sent a notice under division (C)(1) of 499
this section shall send to the registrar a notice that the 500
individual is not in default under a child support order if it 501
determines that the individual is not in default or any of the 502
following occurs:
(a) The individual makes full payment to the agency of the 504
arrearage that was the basis for the court or agency 506
determination that the individual was in default; 507
(b) An appropriate withholding or deduction notice or 509
other appropriate order has been issued pursuant to section 511
3113.21 of the revised code to collect current support and any 512
arrearage due under the child support order that was in default 513
and the individual is complying with the notice or order; 514
(c) A new child support order has been issued or the child 516
support order that was in default has been modified as provided 518
under sections 3113.21 to 3113.219 of the Revised Code to collect 519
current support and any arrearage due under the child support 520
order that was in default and the individual is complying with 521
the new or modified child support order. 522
The agency shall send the notice under this division not 524
later than seven days after it determines the individual is not 526
in default or that any of the circumstances specified in division 527
(C)(3) of this section has occurred. 530
(4)(a) On receipt of a notice pursuant to division (C)(1) 533
of this section, the registrar shall determine whether the 534
individual named in the notice holds or has applied for a 535
driver's license or commercial driver's license, motorcycle 536
operator's license or endorsement, or temporary instruction 537
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permit or commercial driver's temporary instruction permit. If 538
the registrar determines that the individual holds or has applied
for a license, permit, or endorsement and the individual is the 540
individual named in the notice and does not receive a notice 541
pursuant to division (C)(3) of this section, the registrar 542
immediately shall provide notice of the determination to each 544
deputy registrar. The registrar or a deputy registrar may not 545
issue to the individual a driver's or commercial driver's
license, motorcycle operator's license or endorsement, or 546
temporary instruction permit or commercial driver's temporary 547
instruction permit and may not renew for the individual a 549
driver's or commercial driver's license, motorcycle operator's
license or endorsement, or commercial driver's temporary 550
instruction permit. The registrar or a deputy registrar also 551
shall suspend a license, permit, or endorsement held by the 552
individual.
(b) The registrar shall maintain a list of names of 554
individuals identified in notices sent to the registrar pursuant 556
to division (C)(1) of this section that do not hold a driver's or 557
commercial driver's license, motorcycle operator's license or 558
endorsement, or temporary instruction permit or commercial 559
driver's temporary instruction permit. The registrar shall 560
update the list quarterly and provide each deputy registrar with 561
a copy. On receipt of an application for such a license, permit, 562
or endorsement from an individual who appears on the list, a 563
deputy registrar shall notify the registrar. On receipt of an 564
application for such a license, permit, or endorsement from such 565
an individual or on receipt of a notice from a deputy registrar 567
pursuant to division (C)(4)(b) of this section, the registrar 569
shall proceed in accordance with division (C)(4)(a) of this 571
section.
(c) Not later than seven days after receipt of a notice 573
pursuant to division (C)(3) of this section, the registrar shall 576
notify each deputy registrar of the notice. The registrar and 577
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each deputy registrar shall then, if the individual otherwise is
eligible for the license, permit, or endorsement and wants the 578
license, permit, or endorsement, issue a license, permit, or 579
endorsement to, or renew a license, permit, or endorsement of, 581
the individual, or, if the individual's license, permit, or 583
endorsement was suspended pursuant to division (C)(4)(a) of this 584
section, remove the suspension. The registrar or a deputy 586
registrar may charge a fee of not more than twenty-five dollars 587
for issuing or renewing or removing the suspension of a license 588
pursuant to this division. THE FEES COLLECTED BY THE REGISTRAR
PURSUANT TO THIS SECTION SHALL BE PAID INTO THE STATE BUREAU OF 589
MOTOR VEHICLES FUND ESTABLISHED IN SECTION 4501.25 OF THE REVISED 590
CODE.
(d) Notwithstanding section 119.06 of the Revised Code, 592
the registrar shall not hold any hearing in connection with an 594
order refusing to issue or renew a license, permit, or 595
endorsement for, or suspending a license, permit, or endorsement 596
of, an individual pursuant to this section.
(D) The department of human services may adopt rules in 599
accordance with Chapter 119. of the Revised Code to implement 600
this section. 601
Sec. 2919.22. (A) No person, who is the parent, guardian, 611
custodian, person having custody or control, or person in loco 612
parentis of a child under eighteen years of age or a mentally or 613
physically handicapped child under twenty-one years of age, shall 614
create a substantial risk to the health or safety of the child, 615
by violating a duty of care, protection, or support. It is not a 616
violation of a duty of care, protection, or support under this 617
division when the parent, guardian, custodian, or person having 618
custody or control of a child treats the physical or mental 619
illness or defect of the child by spiritual means through prayer 620
alone, in accordance with the tenets of a recognized religious 621
body. 622
(B) No person shall do any of the following to a child 624
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under eighteen years of age or a mentally or physically 625
handicapped child under twenty-one years of age: 626
(1) Abuse the child; 628
(2) Torture or cruelly abuse the child; 630
(3) Administer corporal punishment or other physical 632
disciplinary measure, or physically restrain the child in a cruel 633
manner or for a prolonged period, which punishment, discipline, 634
or restraint is excessive under the circumstances and creates a 635
substantial risk of serious physical harm to the child; 636
(4) Repeatedly administer unwarranted disciplinary 638
measures to the child, when there is a substantial risk that such 639
conduct, if continued, will seriously impair or retard the 640
child's mental health or development; 641
(5) Entice, coerce, permit, encourage, compel, hire, 643
employ, use, or allow the child to act, model, or in any other 644
way participate in, or be photographed for, the production, 645
presentation, dissemination, or advertisement of any material or 646
performance that the offender knows or reasonably should know is 648
obscene, is sexually oriented matter, or is nudity-oriented 649
matter.
(C)(1) No person shall operate a vehicle, streetcar, or 651
trackless trolley within this state and in violation of division 652
(A) of section 4511.19 of the Revised Code when one or more 653
children under eighteen years of age are in the vehicle, 654
streetcar, or trackless trolley. Notwithstanding any other 655
provision of law, a person may be convicted at the same trial or 656
proceeding of a violation of this division and a violation of 657
division (A) of section 4511.19 of the Revised Code that 658
constitutes the basis of the charge of the violation of this 659
division. For purposes of section 4511.191 of the Revised Code 660
and all related provisions of law, a person arrested for a 661
violation of this division shall be considered to be under arrest 662
for operating a vehicle while under the influence of alcohol, a 663
drug of abuse, or alcohol and a drug of abuse or for operating a 664
17
vehicle with a prohibited concentration of alcohol in the blood, 665
breath, or urine. 666
(2) As used in division (C)(1) of this section, "vehicle," 668
"streetcar," and "trackless trolley" have the same meanings as in 669
section 4511.01 of the Revised Code. 670
(D)(1) Division (B)(5) of this section does not apply to 672
any material or performance that is produced, presented, or 673
disseminated for a bona fide medical, scientific, educational, 674
religious, governmental, judicial, or other proper purpose, by or 675
to a physician, psychologist, sociologist, scientist, teacher, 676
person pursuing bona fide studies or research, librarian, 677
clergyman, prosecutor, judge, or other person having a proper 678
interest in the material or performance. 679
(2) Mistake of age is not a defense to a charge under 681
division (B)(5) of this section. 682
(3) In a prosecution under division (B)(5) of this 684
section, the trier of fact may infer that an actor, model, or 685
participant in the material or performance involved is a juvenile 686
if the material or performance, through its title, text, visual 687
representation, or otherwise, represents or depicts the actor, 688
model, or participant as a juvenile. 689
(4) As used in this division and division (B)(5) of this 691
section: 692
(a) "Material," "performance," "obscene," and "sexual 694
activity" have the same meanings as in section 2907.01 of the 695
Revised Code. 696
(b) "Nudity-oriented matter" means any material or 698
performance that shows a minor in a state of nudity and that, 699
taken as a whole by the average person applying contemporary 700
community standards, appeals to prurient interest. 701
(c) "Sexually oriented matter" means any material or 703
performance that shows a minor participating or engaging in 704
sexual activity, masturbation, or bestiality. 705
(E)(1) Whoever violates this section is guilty of 707
18
endangering children. 708
(2) If the offender violates division (A) or (B)(1) of 710
this section, endangering children is one of the following: 711
(a) Except as otherwise provided in division (E)(2)(b) or 714
(c) of this section, a misdemeanor of the first degree;
(b) If the offender previously has been convicted of an 717
offense under this section or of any offense involving neglect, 718
abandonment, contributing to the delinquency of, or physical 719
abuse of a child, except as otherwise provided in division 720
(E)(2)(c) of this section, a felony of the fourth degree; 721
(c) If the violation results in serious physical harm to 723
the child involved, a felony of the third degree. 724
(3) If the offender violates division (B)(2), (3), or (4) 726
of this section, except as otherwise provided in this division, 727
endangering children is a felony of the third degree. If the 729
violation results in serious physical harm to the child involved, 731
or if the offender previously has been convicted of an offense 732
under this section or of any offense involving neglect, 733
abandonment, contributing to the delinquency of, or physical 734
abuse of a child, endangering children is a felony of the second 735
degree.
(4) If the offender violates division (B)(5) of this 738
section, endangering children is a felony of the second degree. 739
(5) If the offender violates division (C) of this section, 741
the offender shall be punished as follows: 742
(a) Except as otherwise provided in division (E)(5)(b) or 745
(c) of this section, endangering children in violation of
division (C) of this section is a misdemeanor of the first 747
degree.
(b) If the violation results in serious physical harm to 749
the child involved or the offender previously has been convicted 750
of an offense under this section or any offense involving 751
neglect, abandonment, contributing to the delinquency of, or 752
physical abuse of a child, except as otherwise provided in 753
19
division (E)(5)(c) of this section, endangering children in 755
violation of division (C) of this section is a felony of the 757
fifth degree.
(c) If the violation results in serious physical harm to 759
the child involved and if the offender previously has been 760
convicted of a violation of division (C) of this section, section 761
2903.06, 2903.07, or 2903.08 of the Revised Code, or section 762
2903.04 of the Revised Code in a case in which the offender was 763
subject to the sanctions described in division (D) of that 764
section, endangering children in violation of division (C) of 765
this section is a felony of the fourth degree. 766
(d) In addition to any term of imprisonment, fine, or 768
other sentence, penalty, or sanction it imposes upon the offender 769
pursuant to division (E)(5)(a), (b), or (c) of this section or 770
pursuant to any other provision of law, the court also may impose 771
upon the offender one or both of the following sanctions: 772
(i) It may require the offender, as part of the offender's 774
sentence and in the manner described in division (F) of this 775
section, to perform not more than two hundred hours of supervised 776
community service work under the authority of any agency, 777
political subdivision, or charitable organization of the type 778
described in division (F)(1) of section 2951.02 of the Revised 780
Code, provided that the court shall not require the offender to 781
perform supervised community service work under this division 782
unless the offender agrees to perform the supervised community 783
service work.
(ii) It may suspend the driver's or commercial driver's 785
license or permit or nonresident operating privilege of the 786
offender for up to ninety days, in addition to any suspension or 787
revocation of the offender's driver's or commercial driver's 788
license or permit or nonresident operating privilege under 789
Chapter 4506., 4507., 4509., or 4511. of the Revised Code or 790
under any other provision of law. 791
(e) In addition to any term of imprisonment, fine, or 793
20
other sentence, penalty, or sanction imposed upon the offender 794
pursuant to division (E)(5)(a), (b), (c), or (d) of this section 795
or pursuant to any other provision of law for the violation of 796
division (C) of this section, if as part of the same trial or 797
proceeding the offender also is convicted of or pleads guilty to 798
a separate charge charging the violation of division (A) of 799
section 4511.19 of the Revised Code that was the basis of the 800
charge of the violation of division (C) of this section, the 801
offender also shall be sentenced, in accordance with section 802
4511.99 of the Revised Code, for that violation of division (A) 803
of section 4511.19 of the Revised Code and also shall be subject 804
to all other sanctions that are required or authorized by any 805
provision of law for that violation of division (A) of section 806
4511.19 of the Revised Code. 807
(F)(1)(a) If a court, pursuant to division (E)(5)(d)(i) of 809
this section, requires an offender to perform supervised 810
community service work under the authority of an agency, 811
subdivision, or charitable organization, the requirement shall be 812
part of the community control sanction or sentence of the 813
offender, and the court shall impose the community service in 815
accordance with and subject to divisions (F)(1)(a) and (b) of 816
this section. The court may require an offender whom it requires 817
to perform supervised community service work as part of the 818
offender's community control sanction or sentence to pay the 819
court a reasonable fee to cover the costs of the offender's 821
participation in the work, including, but not limited to, the 823
costs of procuring a policy or policies of liability insurance to 824
cover the period during which the offender will perform the work. 825
If the court requires the offender to perform supervised 826
community service work as part of the offender's community 827
control sanction or sentence, the court shall do so in accordance 828
with the following limitations and criteria: 829
(i) The court shall require that the community service 831
work be performed after completion of the term of imprisonment 832
21
imposed upon the offender for the violation of division (C) of 833
this section, if applicable. 834
(ii) The supervised community service work shall be 836
subject to the limitations set forth in divisions (F)(1)(a) to 838
(c) of section 2951.02 of the Revised Code.
(iii) The community service work shall be supervised in 840
the manner described in division (F)(1)(d) of section 2951.02 of 841
the Revised Code by an official or person with the qualifications 842
described in that division. The official or person periodically 843
shall report in writing to the court concerning the conduct of 844
the offender in performing the work.
(iv) The court shall inform the offender in writing that 846
if the offender does not adequately perform, as determined by the 848
court, all of the required community service work, the court may
order that the offender be committed to a jail or workhouse for a 849
period of time that does not exceed the term of imprisonment that 850
the court could have imposed upon the offender for the violation 851
of division (C) of this section, reduced by the total amount of 852
time that the offender actually was imprisoned under the sentence 853
or term that was imposed upon the offender for that violation and 854
by the total amount of time that the offender was confined for 855
any reason arising out of the offense for which the offender was 856
convicted and sentenced as described in sections 2949.08 and 858
2967.191 of the Revised Code, and that, if the court orders that 859
the offender be so committed, the court is authorized, but not 860
required, to grant the offender credit upon the period of the 861
commitment for the community service work that the offender 862
adequately performed.
(b) If a court, pursuant to this division and division 864
(E)(5)(d)(i) of this section, orders an offender to perform 865
community service work as part of the offender's community 866
control sanction or sentence and if the offender does not 868
adequately perform all of the required community service work, as 869
determined by the court, the court may order that the offender be 870
22
committed to a jail or workhouse for a period of time that does 871
not exceed the term of imprisonment that the court could have 872
imposed upon the offender for the violation of division (C) of 873
this section, reduced by the total amount of time that the 874
offender actually was imprisoned under the sentence or term that 875
was imposed upon the offender for that violation and by the total 876
amount of time that the offender was confined for any reason 877
arising out of the offense for which the offender was convicted 879
and sentenced as described in sections 2949.08 and 2967.191 of
the Revised Code. The court may order that a person committed 880
pursuant to this division shall receive hour-for-hour credit upon 881
the period of the commitment for the community service work that 882
the offender adequately performed. No commitment pursuant to 884
this division shall exceed the period of the term of imprisonment 885
that the sentencing court could have imposed upon the offender
for the violation of division (C) of this section, reduced by the 886
total amount of time that the offender actually was imprisoned 887
under that sentence or term and by the total amount of time that 888
the offender was confined for any reason arising out of the 889
offense for which the offender was convicted and sentenced as 890
described in sections 2949.08 and 2967.191 of the Revised Code. 891
(2) Divisions (E)(5)(d)(i) and (F)(1) of this section do 893
not limit or affect the authority of the court to suspend the 894
sentence imposed upon a misdemeanor offender and place the 895
offender on probation or otherwise suspend the sentence pursuant 896
to sections 2929.51 and 2951.02 of the Revised Code, to require 897
the misdemeanor offender, as a condition of the offender's 898
probation or of otherwise suspending the offender's sentence, to 899
perform supervised community service work in accordance with 901
division (F) of section 2951.02 of the Revised Code, or to place 903
a felony offender under a community control sanction. 905
(G) If a court suspends an offender's driver's or 907
commercial driver's license or permit or nonresident operating 908
privilege under division (E)(5)(d)(ii) of this section, the 909
23
period of the suspension shall be consecutive to, and commence 910
after, the period of suspension or revocation of the offender's 911
driver's or commercial driver's license or permit or nonresident 912
operating privilege that is imposed under Chapter 4506., 4507., 913
4509., or 4511. of the Revised Code or under any other provision 914
of law in relation to the violation of division (C) of this 915
section that is the basis of the suspension under division 916
(E)(5)(d)(ii) of this section or in relation to the violation of 917
division (A) of section 4511.19 of the Revised Code that is the 918
basis for that violation of division (C) of this section. 919
If an offender's license, permit, or privilege has been 921
suspended under division (E)(5)(d)(ii) of this section and the 922
offender, within the preceding seven years, has been convicted of 923
or pleaded guilty to three or more violations of division (C) of 924
this section, division (A) or (B) of section 4511.19 of the 925
Revised Code, a municipal ordinance relating to operating a 926
vehicle while under the influence of alcohol, a drug of abuse, or 927
alcohol and a drug of abuse, a municipal ordinance relating to 928
operating a vehicle with a prohibited concentration of alcohol in 929
the blood, breath, or urine, section 2903.04 of the Revised Code 930
in a case in which the offender was subject to the sanctions 932
described in division (D) of that section, section 2903.06, 933
2903.07, or 2903.08 of the Revised Code or a municipal ordinance
that is substantially similar to section 2903.07 of the Revised 934
Code in a case in which the jury or judge found that the offender 936
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 938
other state or a municipal ordinance of a municipal corporation 939
located in any other state that is substantially similar to
division (A) or (B) of section 4511.19 of the Revised Code, the 941
offender is not entitled to request, and the court shall not 942
grant to the offender, occupational driving privileges under this 943
division. Any other offender whose license, permit, or 944
nonresident operating privilege has been suspended under division 945
24
(E)(5)(d)(ii) of this section may file with the sentencing court 946
a petition alleging that the suspension would seriously affect 947
the offender's ability to continue employment. Upon satisfactory 948
proof that there is reasonable cause to believe that the 949
suspension would seriously affect the offender's ability to 950
continue employment, the court may grant the offender 951
occupational driving privileges during the period during which 952
the suspension otherwise would be imposed, except that the court 953
shall not grant occupational driving privileges for employment as 954
a driver of commercial motor vehicles to any person who is 955
disqualified from operating a commercial motor vehicle under 956
section 2301.374 or 4506.16 of the Revised Code. 957
(H)(1) If a person violates division (C) of this section 959
and if, at the time of the violation, there were two or more 960
children under eighteen years of age in the motor vehicle 961
involved in the violation, the offender may be convicted of a 962
violation of division (C) of this section for each of the 963
children, but the court may sentence the offender for only one of 964
the violations. 965
(2)(a) If a person is convicted of or pleads guilty to a 967
violation of division (C) of this section but the person is not 968
also convicted of and does not also plead guilty to a separate 969
charge charging the violation of division (A) of section 4511.19 970
of the Revised Code that was the basis of the charge of the 971
violation of division (C) of this section, both of the following 972
apply: 973
(i) For purposes of the provisions of section 4511.99 of 975
the Revised Code that set forth the penalties and sanctions for a 976
violation of division (A) of section 4511.19 of the Revised Code, 977
the conviction of or plea of guilty to the violation of division 978
(C) of this section shall not constitute a violation of division 979
(A) of section 4511.19 of the Revised Code; 980
(ii) For purposes of any provision of law that refers to a 982
conviction of or plea of guilty to a violation of division (A) of 983
25
section 4511.19 of the Revised Code and that is not described in 984
division (H)(2)(a)(i) of this section, the conviction of or plea 985
of guilty to the violation of division (C) of this section shall 986
constitute a conviction of or plea of guilty to a violation of 987
division (A) of section 4511.19 of the Revised Code. 988
(b) If a person is convicted of or pleads guilty to a 990
violation of division (C) of this section and the person also is 991
convicted of or pleads guilty to a separate charge charging the 992
violation of division (A) of section 4511.19 of the Revised Code 993
that was the basis of the charge of the violation of division (C) 994
of this section, the conviction of or plea of guilty to the 995
violation of division (C) of this section shall not constitute, 996
for purposes of any provision of law that refers to a conviction 997
of or plea of guilty to a violation of division (A) of section 998
4511.19 of the Revised Code, a conviction of or plea of guilty to 999
a violation of division (A) of section 4511.19 of the Revised 1,000
Code. 1,001
(I) As used in this section, "community control sanction" 1,004
has the same meaning as in section 2929.01 of the Revised Code. 1,006
Sec. 4501.01. As used in this chapter and Chapters 4503., 1,015
4505., 4507., 4509., 4511., 4513., 4515., and 4517. of the 1,016
Revised Code, and in the penal laws, except as otherwise 1,017
provided: 1,018
(A) "Vehicles" means everything on wheels or runners, 1,020
including motorized bicycles, but does not mean vehicles that are 1,021
operated exclusively on rails or tracks or from overhead electric 1,022
trolley wires and vehicles that belong to any police department, 1,023
municipal fire department, or volunteer fire department, or that 1,024
are used by such a department in the discharge of its functions. 1,025
(B) "Motor vehicle" means any vehicle, including 1,027
manufactured homes and recreational vehicles, that is propelled 1,028
or drawn by power other than muscular power or power collected 1,029
from overhead electric trolley wires, except motorized bicycles, 1,030
road rollers, traction engines, power shovels, power cranes, and 1,031
26
other equipment used in construction work and not designed for or 1,032
employed in general highway transportation, well-drilling 1,033
machinery, ditch-digging machinery, farm machinery, trailers that 1,034
are used to transport agricultural produce or agricultural 1,035
production materials between a local place of storage or supply 1,036
and the farm when drawn or towed on a public road or highway at a 1,037
speed of twenty-five miles per hour or less, threshing machinery, 1,038
hay-baling machinery, corn sheller, hammermill and agricultural 1,039
tractors, machinery used in the production of horticultural, 1,040
agricultural, and vegetable products, and trailers that are 1,041
designed and used exclusively to transport a boat between a place 1,042
of storage and a marina, or in and around a marina, when drawn or 1,043
towed on a public road or highway for a distance of no more than 1,044
ten miles and at a speed of twenty-five miles per hour or less. 1,045
(C) "Agricultural tractor" and "traction engine" mean any 1,047
self-propelling vehicle that is designed or used for drawing 1,048
other vehicles or wheeled machinery, but has no provisions for 1,049
carrying loads independently of such other vehicles, and that is 1,050
used principally for agricultural purposes. 1,051
(D) "Commercial tractor," except as defined in division 1,053
(C) of this section, means any motor vehicle that has motive 1,054
power and either is designed or used for drawing other motor 1,055
vehicles, or is designed or used for drawing another motor 1,057
vehicle while carrying a portion of the other motor vehicle or 1,058
its load, or both.
(E) "Passenger car" means any motor vehicle that is 1,060
designed and used for carrying not more than nine persons and 1,061
includes any motor vehicle that is designed and used for carrying 1,062
not more than fifteen persons in a ridesharing arrangement. 1,063
(F) "Collector's vehicle" means any motor vehicle or 1,065
agricultural tractor or traction engine that is of special 1,066
interest, that has a fair market value of one hundred dollars or 1,067
more, whether operable or not, and that is owned, operated, 1,068
collected, preserved, restored, maintained, or used essentially 1,069
27
as a collector's item, leisure pursuit, or investment, but not as 1,070
the owner's principal means of transportation. "Licensed 1,071
collector's vehicle" means a collector's vehicle, other than an 1,072
agricultural tractor or traction engine, that displays current, 1,073
valid license tags issued under section 4503.45 of the Revised 1,074
Code, or a similar type of motor vehicle that displays current, 1,075
valid license tags issued under substantially equivalent 1,076
provisions in the laws of other states. 1,077
(G) "Historical motor vehicle" means any motor vehicle 1,079
that is over twenty-five years old and is owned solely as a 1,080
collector's item and for participation in club activities, 1,081
exhibitions, tours, parades, and similar uses, but that in no 1,082
event is used for general transportation. 1,083
(H) "Noncommercial motor vehicle" means any motor vehicle, 1,085
including a farm truck as defined in section 4503.04 of the 1,086
Revised Code, that is designed by the manufacturer to carry a 1,087
load of no more than one ton and is used exclusively for purposes 1,088
other than engaging in business for profit. 1,089
(I) "Bus" means any motor vehicle that has motor power and 1,092
is designed and used for carrying more than nine passengers,
except any motor vehicle that is designed and used for carrying 1,093
not more than fifteen passengers in a ridesharing arrangement. 1,094
(J) "Commercial car" means any motor vehicle that has 1,096
motor power and is designed and used for carrying merchandise or 1,097
freight, or that is used as a commercial tractor. 1,098
(K) "Bicycle" means every device, other than a tricycle 1,100
that is designed solely for use as a play vehicle by a child, 1,102
that is propelled solely by human power upon which any person may 1,103
ride, and that has either two tandem wheels, or one wheel in 1,104
front and two wheels in the rear, any of which is more than 1,105
fourteen inches in diameter.
(L) "Motorized bicycle" means any vehicle that has either 1,107
HAS two tandem wheels or one wheel in the front and two wheels in 1,108
the rear, that is capable of being pedaled, and that is equipped 1,109
28
with a helper motor of not more than fifty cubic centimeters 1,110
piston displacement that produces no more than one brake 1,111
horsepower and is capable of propelling the vehicle at a speed of 1,112
no greater than twenty miles per hour on a level surface. 1,113
(M) "Trailer" means any vehicle without motive power that 1,116
is designed or used for carrying property or persons wholly on
its own structure and for being drawn by a motor vehicle, and 1,117
includes any such vehicle that is formed by or operated as a 1,118
combination of a semitrailer and a vehicle of the dolly type such 1,119
as that commonly known as a trailer dolly, a vehicle used to 1,120
transport agricultural produce or agricultural production 1,121
materials between a local place of storage or supply and the farm 1,122
when drawn or towed on a public road or highway at a speed 1,123
greater than twenty-five miles per hour, and a vehicle that is 1,124
designed and used exclusively to transport a boat between a place 1,125
of storage and a marina, or in and around a marina, when drawn or 1,126
towed on a public road or highway for a distance of more than ten 1,127
miles or at a speed of more than twenty-five miles per hour. 1,128
"Trailer" does not include a manufactured home or travel trailer. 1,129
(N) "Noncommercial trailer" means any trailer, except a 1,131
travel trailer or trailer that is used to transport a boat as 1,132
described in division (B) of this section, but, where applicable, 1,133
includes a vehicle that is used to transport a boat as described 1,134
in division (M) of this section, that has a gross weight of no 1,135
more than three thousand pounds, and that is used exclusively for 1,136
purposes other than engaging in business for a profit. 1,137
(O) "Manufactured home" means any nonself-propelled 1,139
vehicle transportable in one or more sections, which, in the 1,140
traveling mode, is eight body feet or more in width or forty body 1,141
feet or more in length or, when erected on site, is three hundred 1,142
twenty or more square feet, and which is built on a permanent 1,143
chassis and designed to be used as a dwelling with or without a 1,144
permanent foundation when connected to the required utilities, 1,145
and includes the plumbing, heating, air conditioning, and 1,146
29
electrical systems contained therein. Calculations used to 1,147
determine the number of square feet in a structure are based on 1,148
the structure's exterior dimensions measured at the largest 1,149
horizontal projections when erected on site. These dimensions 1,150
include all expandable rooms, cabinets, and other projections 1,151
containing interior space, but do not include bay windows. 1,152
(P) "Semitrailer" means any vehicle of the trailer type 1,154
that does not have motive power and is so designed or used with 1,155
another and separate motor vehicle that in operation a part of 1,156
its own weight or that of its load, or both, rests upon and is 1,157
carried by the other vehicle furnishing the motive power for 1,158
propelling itself and the vehicle referred to in this division, 1,159
and includes, for the purpose only of registration and taxation 1,160
under those chapters, any vehicle of the dolly type, such as a 1,161
trailer dolly, that is designed or used for the conversion of a 1,162
semitrailer into a trailer. 1,163
(Q) "Recreational vehicle" means a vehicular portable 1,165
structure that is designed and constructed to be used as a 1,166
temporary dwelling for travel, recreational, and vacation uses 1,167
and is classed as follows: 1,168
(1) "Travel trailer" means a nonself-propelled 1,170
recreational vehicle that does not exceed an overall length of 1,171
thirty-five feet, exclusive of bumper and tongue or coupling, and 1,172
includes a tent-type fold-out camping trailer as defined in 1,173
section 4517.01 of the Revised Code. 1,174
(2) "Motor home" means a self-propelled recreational 1,176
vehicle that is constructed with permanently installed facilities 1,177
for cold storage, cooking and consuming of food, and for 1,178
sleeping.
(3) "Truck camper" means a nonself-propelled recreational 1,180
vehicle that does not have wheels for road use and is designed to 1,181
be placed upon and attached to a motor vehicle. "Truck camper" 1,182
does not include truck covers that consist of walls and a roof, 1,183
but do not have floors and facilities enabling them to be used as 1,184
30
a dwelling.
(4) "Fifth wheel trailer" means a vehicle that is of such 1,186
size and weight as to be movable without a special highway 1,187
permit, that has a gross trailer area of four hundred square feet 1,188
or less, that is constructed with a raised forward section that 1,189
allows a bi-level floor plan, and that is designed to be towed by
a vehicle equipped with a fifth-wheel hitch ordinarily installed 1,190
in the bed of a truck. 1,191
(5) "Park trailer" means a vehicle that is commonly known 1,193
as a park model recreational vehicle, meets the American national 1,194
standard institute standard A119.5 (1988) for park trailers, is 1,195
built on a single chassis, has a gross trailer area of four 1,196
hundred square feet or less when set up, is designed for seasonal 1,197
or temporary living quarters, and may be connected to utilities
necessary for the operation of installed features and appliances. 1,198
(R) "Pneumatic tires" means tires of rubber and fabric or 1,200
tires of similar material, that are inflated with air. 1,201
(S) "Solid tires" means tires of rubber or similar elastic 1,203
material that are not dependent upon confined air for support of 1,204
the load.
(T) "Solid tire vehicle" means any vehicle that is 1,206
equipped with two or more solid tires. 1,207
(U) "Farm machinery" means all machines and tools that are 1,209
used in the production, harvesting, and care of farm products, 1,210
and includes trailers that are used to transport agricultural 1,211
produce or agricultural production materials between a local 1,212
place of storage or supply and the farm when drawn or towed on a 1,213
public road or highway at a speed of twenty-five miles per hour 1,214
or less.
(V) "Owner" includes any person, firm, or corporation 1,216
other than a manufacturer or dealer that has title to a motor 1,217
vehicle, except that in sections 4505.01 to 4505.19 of the 1,218
Revised Code, "owner" includes in addition manufacturers and 1,219
dealers.
31
(W) "Manufacturer" and "dealer" include all persons, 1,221
firms, and corporations that are regularly engaged in the 1,222
business of manufacturing, selling, displaying, offering for 1,223
sale, or dealing in motor vehicles, at an established place of 1,224
business that is used exclusively for the purpose of 1,225
manufacturing, selling, displaying, offering for sale, or dealing 1,226
in motor vehicles. A place of business that is used for 1,227
manufacturing, selling, displaying, offering for sale, or dealing 1,228
in motor vehicles shall be deemed to be used exclusively for 1,229
those purposes even though snowmobiles or all-purpose vehicles 1,230
are sold or displayed for sale thereat, even though farm 1,231
machinery is sold or displayed for sale thereat, or even though 1,232
repair, accessory, gasoline and oil, storage, parts, service, or 1,233
paint departments are maintained thereat, or, in any county 1,234
having a population of less than seventy-five thousand persons at 1,235
the last federal census, even though a department in a place of 1,236
business is used to dismantle, salvage, or rebuild motor vehicles 1,237
by means of used parts, if such departments are operated for the 1,238
purpose of furthering and assisting in the business of 1,239
manufacturing, selling, displaying, offering for sale, or dealing 1,240
in motor vehicles. Places of business or departments in a place 1,241
of business used to dismantle, salvage, or rebuild motor vehicles 1,242
by means of using used parts are not considered as being 1,243
maintained for the purpose of assisting or furthering the 1,244
manufacturing, selling, displaying, and offering for sale or 1,245
dealing in motor vehicles.
(X) "Operator" includes any person who drives or operates 1,247
a motor vehicle upon the public highways. 1,248
(Y) "Chauffeur" means any operator who operates a motor 1,250
vehicle, other than a taxicab, as an employee for hire; or any 1,251
operator whether or not the owner of a motor vehicle, other than 1,252
a taxicab, who operates such vehicle for transporting, for gain, 1,253
compensation, or profit, either persons or property owned by 1,254
another. Any operator of a motor vehicle who is voluntarily 1,255
32
involved in a ridesharing arrangement is not considered an 1,256
employee for hire or operating such vehicle for gain, 1,257
compensation, or profit.
(Z) "State" includes the territories and federal districts 1,259
of the United States, and the provinces of Canada. 1,260
(AA) "Public roads and highways" for vehicles includes all 1,262
public thoroughfares, bridges, and culverts. 1,263
(BB) "Manufacturer's number" means the manufacturer's 1,265
original serial number that is affixed to or imprinted upon the 1,266
chassis or other part of the motor vehicle. 1,267
(CC) "Motor number" means the manufacturer's original 1,269
number that is affixed to or imprinted upon the engine or motor 1,270
of the vehicle. 1,271
(DD) "Bill of sale" means the written statement or 1,273
document of transfer or conveyance required prior to January 1, 1,274
1938, to be executed and delivered by the corporation, 1,275
partnership, association, or person selling, giving away, 1,276
transferring, or passing title to a motor vehicle. 1,277
(EE) "Distributor" means any person who is authorized by a 1,279
motor vehicle manufacturer to distribute new motor vehicles to 1,280
licensed motor vehicle dealers at an established place of 1,281
business that is used exclusively for the purpose of distributing 1,282
new motor vehicles to licensed motor vehicle dealers, except when 1,283
the distributor also is a new motor vehicle dealer, in which case 1,284
the distributor may distribute at the location of the 1,285
distributor's licensed dealership. 1,286
(FF) "Ridesharing arrangement" means the transportation of 1,288
persons in a motor vehicle where the transportation is incidental 1,290
to another purpose of a volunteer driver and includes ridesharing 1,291
arrangements known as carpools, vanpools, and buspools. 1,292
(GG) "Apportionable vehicle" means any vehicle that is 1,294
used or intended for use in two or more international 1,295
registration plan member jurisdictions that allocate or 1,296
proportionally register vehicles, that is used for the 1,297
33
transportation of persons for hire or designed, used, or 1,298
maintained primarily for the transportation of property, and that 1,299
meets any of the following qualifications:
(1) Is a power unit having a gross vehicle weight in 1,301
excess of twenty-six thousand pounds; 1,302
(2) Is a power unit having three or more axles, regardless 1,304
of the gross vehicle weight; 1,305
(3) Is a combination vehicle with a gross vehicle weight 1,307
in excess of twenty-six thousand pounds. 1,308
"Apportionable vehicle" does not include recreational 1,310
vehicles, vehicles displaying restricted plates, city pick-up and 1,311
delivery vehicles, buses used for the transportation of chartered 1,312
parties, or vehicles owned and operated by the United States, 1,313
this state, or any political subdivisions thereof. 1,314
(HH) "Chartered party" means a group of persons who 1,316
contract as a group to acquire the exclusive use of a 1,317
passenger-carrying motor vehicle at a fixed charge for the 1,318
vehicle in accordance with the carrier's tariff, lawfully on file 1,319
with the interstate commerce commission UNITED STATES DEPARTMENT 1,321
OF TRANSPORTATION, for the purpose of group travel to a specified 1,322
destination or for a particular itinerary, either agreed upon in 1,323
advance or modified by the chartered group after having left the 1,324
place of origin.
(II) "International registration plan" means a reciprocal 1,326
agreement of member jurisdictions that is endorsed by the 1,327
American association of motor vehicle administrators, and that 1,328
promotes and encourages the fullest possible use of the highway 1,329
system by authorizing apportioned registration of fleets of 1,330
vehicles and recognizing registration of vehicles apportioned in 1,331
member jurisdictions. 1,332
(JJ) "Restricted plate" means a license plate that has a 1,334
restriction of time, geographic area, mileage, or commodity, and 1,335
includes license plates issued to farm trucks under division (K) 1,336
of section 4503.04 of the Revised Code. 1,337
34
(KK) "Gross vehicle weight," with regard to any commercial 1,339
car, trailer, semitrailer, or bus that is taxed at the rates 1,340
established under section 4503.042 of the Revised Code, means the 1,341
unladen weight of the vehicle fully equipped plus the maximum 1,342
weight of the load to be carried on the vehicle. 1,343
(LL) "Combined gross vehicle weight" with regard to any 1,345
combination of a commercial car, trailer, and semitrailer, that 1,346
is taxed at the rates established under section 4503.042 of the 1,347
Revised Code, means the total unladen weight of the combination 1,348
of vehicles fully equipped plus the maximum weight of the load to 1,349
be carried on that combination of vehicles. 1,350
(MM) "Chauffeured limousine" means a motor vehicle that is 1,353
designed to carry fewer than nine OR FEWER passengers and is 1,354
operated for hire on an hourly basis pursuant to a prearranged 1,355
contract for the transportation of passengers on public roads and 1,356
highways along a route under the control of the person hiring the 1,357
vehicle and not over a defined and regular route. "Prearranged 1,358
contract" means an agreement, made in advance of boarding, to 1,359
provide transportation from a specific location in a chauffeured 1,360
limousine at a fixed rate per hour or trip. "Chauffeured 1,361
limousine" does not include any vehicle that is used exclusively 1,362
in the business of funeral directing. 1,363
Sec. 4501.021. (A) The registrar of motor vehicles may 1,372
dispose of all motor vehicle bureau records OF THE BUREAU OF 1,373
MOTOR VEHICLES pursuant to section 149.34 of the Revised Code. 1,374
The disposal of all records shall not take place when the 1,376
registrar has received notice that a court case or other legal 1,377
action is pending involving such records. 1,378
Any surplus from the sale of such records, after paying the 1,380
cost of administering the destruction or sale of such records, 1,381
shall be paid into the state treasury. 1,382
(B) EACH DEPUTY REGISTRAR SHALL RETAIN IN THE DEPUTY 1,385
REGISTRAR'S OFFICE A FILE CONTAINING COPIES OF ALL RECORDS AND 1,386
TRANSACTIONS PERFORMED FOR THE BUREAU. COPIES OF MOTOR VEHICLE 1,387
35
REGISTRATION APPLICATIONS SHALL BE RETAINED FOR A PERIOD OF 1,388
EIGHTEEN MONTHS FROM THE DATE OF THE RECORD OR TRANSACTION, 1,389
WHICHEVER IS LATER; COPIES OF DRIVER'S LICENSE OR IDENTIFICATION 1,390
CARD APPLICATIONS SHALL BE RETAINED FOR A PERIOD OF FOUR YEARS 1,391
FROM THE DATE OF THE RECORD OR TRANSACTION, WHICHEVER IS LATER; 1,392
AND ALL OTHER RECORDS SHALL BE RETAINED FOR A PERIOD OF THREE 1,393
YEARS FROM THE DATE OF THE RECORD OR TRANSACTION, WHICHEVER IS 1,394
LATER. THE RETAINED RECORDS SHALL BE AVAILABLE FOR PUBLIC 1,395
EXAMINATION, BUT NO PERSON MAY MAKE COPIES OF THE RECORDS FOR 1,396
SALE OR DISTRIBUTION.
Sec. 4501.25. There is hereby created in the state 1,405
treasury the state bureau of motor vehicles fund. The fund shall 1,406
consist of all money collected by the registrar of motor 1,407
vehicles, including taxes, fees, and fines levied, charged, or 1,408
referred to in Chapters 4501., 4503., 4505., 4506., 4507., 4509.,
4511., 4517., 4519., 4521., and sections 2301.374, 2935.27, 1,409
2937.221, 3407.168, 4738.06, 4738.13, and 4738.18 of the Revised 1,411
Code unless otherwise designated by law. The fund shall be used 1,412
to pay the expenses of administering the law relative to the 1,413
powers and duties of the registrar of motor vehicles. All
investment earnings of the fund shall be retained by the fund. 1,414
Sec. 4503.10. (A) Except as provided in section 4503.103 1,425
of the Revised Code, every owner of a motor vehicle and every 1,426
person mentioned as owner in the last certificate of title, bill 1,427
of sale, or sworn statement of ownership of a motor vehicle which 1,428
THAT is operated or driven upon the public roads or highways 1,429
shall cause to be filed each year, by mail or otherwise, in the 1,430
office of the registrar of motor vehicles or a deputy registrar, 1,431
a written application or a preprinted registration renewal notice 1,432
issued under section 4503.102 of the Revised Code, the form of 1,433
which shall be prescribed by the registrar, for registration for 1,434
the following registration year, which shall begin on the first 1,435
day of January of every calendar year and end on the thirty-first 1,436
day of December in the same year. Applications for registration 1,437
36
and registration renewal notices shall be filed at the times 1,438
established by the registrar pursuant to section 4503.101 of the 1,439
Revised Code. Except as provided in division (J) of this 1,440
section, applications for registration shall be made on blanks 1,441
furnished by the registrar for that purpose, containing the 1,442
following information: 1,443
(1) A brief description of the motor vehicle to be 1,445
registered, including the name of the manufacturer, the factory 1,446
number of the vehicle, the year's model, and, in the case of 1,447
commercial cars, the gross weight of the vehicle fully equipped 1,448
computed in the manner prescribed in section 4503.08 of the 1,449
Revised Code; 1,450
(2) The name and residence address of the owner, and the 1,453
township and municipal corporation in which the owner resides; 1,455
(3) The district of registration, which shall be 1,457
determined as follows: 1,458
(a) In case the motor vehicle to be registered is used for 1,460
hire or principally in connection with any established business 1,461
or branch business, conducted at a particular place, the district 1,462
of registration is the municipal corporation in which that place 1,463
is located or, if not located in any municipal corporation, the 1,464
county and township in which that place is located. 1,465
(b) In case the vehicle is not so used, the district of 1,467
registration is the municipal corporation or county in which the 1,468
owner resides at the time of making the application. 1,469
(4) Whether the motor vehicle is a new or used motor 1,471
vehicle; 1,472
(5) The date of purchase of the motor vehicle; 1,474
(6) Whether the fees required to be paid for the 1,476
registration or transfer of the motor vehicle, during the 1,477
preceding registration year and during the preceding period of 1,478
the current registration year, have been paid. Each application 1,479
for registration shall be signed by the owner, directly or 1,480
pursuant to obtaining a limited power of attorney authorized by 1,481
37
the registrar for registration, or other document authorizing 1,482
such signature. 1,483
(7) The owner's social security number, if assigned, or, 1,485
where a motor vehicle to be registered is used for hire or 1,486
principally in connection with any established business, the 1,487
owner's federal taxpayer identification number. 1,488
(B) Each time the applicant first registers a motor 1,490
vehicle in the applicant's name, the applicant shall present for 1,492
inspection proper bills of sale or sworn statement of ownership, 1,493
the originals of which have been filed with the clerk of the 1,494
court of common pleas, or a certificate of the clerk certifying 1,495
that such bills of sale or sworn statement of ownership have been 1,496
filed with the clerk, or a certificate of title or a memorandum 1,497
certificate showing title to the motor vehicle to be registered 1,498
in the applicant. When a motor vehicle inspection and 1,499
maintenance program is in effect under section 3704.14 of the 1,500
Revised Code and rules adopted under it, each application for 1,501
registration for a vehicle required to be inspected under that 1,502
section and those rules shall be accompanied by an inspection 1,503
certificate for the motor vehicle issued in accordance with that 1,504
section. The application shall be refused if any of the 1,505
following applies:
(1) The application is not in proper form. 1,507
(2) The application is prohibited from being accepted by 1,509
division (D) of section 2935.27, division (A) of section 1,510
2937.221, division (B) of section 4507.168, or division (B)(1) of 1,511
section 4521.10 of the Revised Code.
(3) When applicable, proper bills of sale or sworn 1,513
statement of ownership or proper certificate thereof or 1,514
certificate of title or memorandum certificate does not accompany 1,515
the application. 1,516
(4) All registration and transfer fees for the motor 1,518
vehicle, for the preceding year or the preceding period of the 1,519
current registration year, have not been paid. 1,520
38
(5) The owner or lessee does not have an inspection 1,522
certificate for the motor vehicle as provided in section 3704.14 1,523
of the Revised Code, and rules adopted under it, if that section 1,524
is applicable. 1,525
This section does not require the payment of license or 1,527
registration taxes on a motor vehicle for any preceding year, or 1,528
for any preceding period of a year, if the motor vehicle was not 1,529
taxable for that preceding year or period under sections 4503.02, 1,530
4503.04, 4503.11, 4503.12, and 4503.16 or Chapter 4504. of the 1,531
Revised Code. When a certificate of registration is issued upon 1,532
the first registration of a motor vehicle by or on behalf of the 1,533
owner, the official issuing the certificate shall indicate the 1,534
issuance with a stamp on the certificate of title or memorandum 1,535
certificate and on the inspection certificate for the motor 1,536
vehicle, if any. The official also shall indicate, by a stamp or 1,537
by such other means as the registrar prescribes, on the 1,538
registration certificate issued upon the first registration of a 1,539
motor vehicle by or on behalf of the owner the odometer reading 1,540
of the motor vehicle as shown in the odometer statement included 1,541
in or attached to the certificate of title. Upon each subsequent 1,542
registration of the motor vehicle by or on behalf of the same 1,543
owner, the official also shall so indicate the odometer reading 1,544
of the motor vehicle as shown on the immediately preceding 1,545
certificate of registration. 1,546
The registrar shall include in the permanent registration 1,548
record of any vehicle required to be inspected under section 1,549
3704.14 of the Revised Code the inspection certificate number 1,550
from the inspection certificate that is presented at the time of 1,551
registration of the vehicle as required under this division. 1,552
(C) In addition, a charge of twenty-five cents shall be 1,554
made for each reflectorized safety license plate issued, and a 1,555
single charge of twenty-five cents shall be made for each county 1,556
identification sticker or each set of county identification 1,558
stickers issued, as the case may be, to cover the cost of 1,559
39
producing the license plates and stickers, including material, 1,560
manufacturing, and administrative costs. Those fees shall be in 1,561
addition to the license tax. If the total cost of producing the 1,562
plates is less than twenty-five cents per plate, or if the total 1,563
cost of producing the stickers is less than twenty-five cents per 1,564
sticker or per set issued, any excess moneys accruing from the 1,565
fees shall be distributed in the same manner as provided by 1,566
section 4501.04 of the Revised Code for the distribution of 1,567
license tax moneys. If the total cost of producing the plates 1,568
exceeds twenty-five cents per plate, or if the total cost of 1,569
producing the stickers exceeds twenty-five cents per sticker or 1,570
per set issued, the difference shall be paid from the license tax 1,572
moneys collected pursuant to section 4503.02 of the Revised Code. 1,573
(D) Each deputy registrar shall be allowed a fee of two 1,575
dollars and twenty-five cents for each application for 1,576
registration and registration renewal notice the deputy registrar 1,578
receives, which shall be for the purpose of compensating the 1,579
deputy registrar for the deputy registrar's deputy's services, 1,580
and such office and rental expenses, as may be necessary for the 1,582
proper discharge of the deputy registrar's deputy's duties in the 1,584
receiving of applications and renewal notices and the issuing of 1,585
licenses. 1,586
(E) Upon the certification of the registrar, the county 1,588
sheriff or local police officials shall recover license plates 1,589
erroneously or fraudulently issued. 1,590
(F) Each deputy registrar, upon receipt of any application 1,592
for registration or registration renewal notice, together with 1,593
the license fee and any, township motor vehicle license tax, OR 1,594
local motor vehicle license tax levied pursuant to Chapter 4504. 1,596
of the Revised Code, shall transmit that fee and tax, if any, in 1,597
the manner provided in this section, together with the original 1,598
and duplicate copy of the application, to the registrar. The 1,599
registrar, subject to the approval of the director of public 1,600
safety, may deposit the funds collected by those deputies in a 1,601
40
local bank or depository to the credit of the "state of Ohio, 1,602
bureau of motor vehicles." Where a local bank or depository has 1,604
been designated by the registrar, each deputy registrar shall
deposit all moneys collected by the deputy registrar into that 1,605
bank or depository not more than one business day after their 1,606
collection and shall make reports to the registrar of the amounts 1,608
so deposited, together with any other information, some of which 1,609
may be prescribed by the treasurer of state, as the registrar may 1,610
require and as prescribed by the registrar by rule. The 1,611
registrar, within three days after receipt of notification of the 1,612
deposit of funds by a deputy registrar in a local bank or 1,613
depository, shall draw on that account in favor of the treasurer 1,615
of state. The registrar, subject to the approval of the director 1,616
and the treasurer of state, may make reasonable rules necessary 1,617
for the prompt transmittal of fees and for safeguarding the 1,618
interests of the state and of counties, townships, and municipal 1,619
corporations levying county or township motor vehicle license 1,620
taxes, township motor vehicle license taxes, or municipal motor 1,621
vehicle license taxes. The registrar may pay service charges 1,623
usually collected by banks and depositories for such service. If 1,624
deputy registrars are located in communities where banking 1,626
facilities are not available, they shall transmit the fees 1,627
forthwith, by money order or otherwise, as the registrar, by rule 1,628
approved by the director and the treasurer of state, may
prescribe. The registrar may pay the usual and customary fees 1,629
for such service. 1,630
(G) This section does not prevent any person from making 1,632
an application for a motor vehicle license directly to the 1,633
registrar upon payment of a two dollars and twenty-five cents 1,634
service fee for each application. Each deputy registrar shall 1,635
retain in the deputy registrar's deputy's office a copy of each 1,636
application the deputy registrar receives for a period of three 1,638
registration years. This copy shall be for public examination, 1,639
but no person may make copies thereof for sale or distribution. 1,640
41
(H) No person shall make a false statement as to the 1,642
district of registration in an application required by division 1,643
(A) of this section. Violation of this division is falsification 1,644
under section 2921.13 of the Revised Code and punishable as 1,645
specified in that section. 1,646
(I)(1) Where applicable, the requirements of division (B) 1,648
of this section relating to the presentation of an inspection 1,649
certificate issued under section 3704.14 of the Revised Code and 1,650
rules adopted under it for a motor vehicle, the refusal of a 1,651
license for failure to present an inspection certificate, and the 1,652
stamping of the inspection certificate by the official issuing 1,653
the certificate of registration apply to the registration of and 1,654
issuance of license plates for a motor vehicle under sections 1,655
4503.102, 4503.12, 4503.14, 4503.15, 4503.16, 4503.171, 4503.172, 1,656
4503.19, 4503.40, 4503.41, 4503.42, 4503.43, 4503.44, 4503.46, 1,657
4503.47, and 4503.51 of the Revised Code. 1,658
(2)(a) The registrar shall adopt rules ensuring that each 1,660
owner registering a motor vehicle in a county where a motor 1,661
vehicle inspection and maintenance program is in effect under 1,662
section 3704.14 of the Revised Code and rules adopted under it 1,663
receives information about the requirements established in that 1,664
section and those rules and about the need in those counties to 1,665
present an inspection certificate with an application for 1,666
registration or preregistration. 1,667
(b) Upon request, the registrar shall provide the director 1,669
of environmental protection, or any person that has been awarded 1,670
a contract under division (D) of section 3704.14 of the Revised 1,671
Code, an on-line computer data link to registration information 1,672
for all passenger cars, noncommercial motor vehicles, and 1,673
commercial cars that are subject to that section. The registrar 1,674
also shall provide to the director of environmental protection a 1,675
magnetic data tape containing registration information regarding 1,676
passenger cars, noncommercial motor vehicles, and commercial cars 1,677
for which a multi-year registration is in effect under section 1,678
42
4503.103 of the Revised Code or rules adopted under it, 1,679
including, without limitation, the date of issuance of the 1,680
multi-year registration, the registration deadline established 1,681
under rules adopted under section 4503.101 of the Revised Code 1,682
that was applicable in the year in which the multi-year 1,683
registration was issued, and the registration deadline for 1,684
renewal of the multi-year registration. 1,685
(J) Application for registration under the international 1,687
registration plan, as set forth in sections 4503.60 to 4503.66 of 1,688
the Revised Code, shall be made to the registrar on forms 1,689
furnished by the registrar. In accordance with international 1,690
registration plan guidelines and pursuant to rules adopted by the 1,691
registrar, the forms shall include the following: 1,692
(1) A uniform mileage schedule; 1,694
(2) The gross vehicle weight of the vehicle or combined 1,696
gross vehicle weight of the combination vehicle as declared by 1,697
the registrant; 1,698
(3) Any other information the registrar requires by rule. 1,701
Sec. 4503.103. (A) Any THE REGISTRAR OF MOTOR VEHICLES 1,710
MAY ADOPT RULES TO PERMIT ANY person or lessee, other than a 1,711
person receiving an apportioned license plate under the 1,712
international registration plan, who owns or leases twenty TEN or 1,714
more motor vehicles used principally in connection with any 1,715
established business, in accordance with rules adopted by the 1,716
registrar of motor vehicles, may TO file a written application 1,717
for registration for no more than four FIVE succeeding 1,718
registration years. THE RULES ADOPTED BY THE REGISTRAR MAY 1,720
DESIGNATE THE CLASSES OF MOTOR VEHICLES THAT ARE ELIGIBLE FOR 1,721
SUCH REGISTRATION. At the time of application, all annual taxes 1,722
and fees shall be paid for each year for which the person is 1,723
registering. No person applying for a multi-year registration is 1,724
entitled to a refund of any taxes or fees paid. 1,725
The registrar may adopt rules to permit any person, other 1,727
than a person receiving an apportioned license plate under the 1,728
43
international registration plan, who owns a motor vehicle to file 1,729
an application for registration for the next two succeeding 1,730
registration years. 1,731
The registrar shall not issue to any applicant who has been 1,733
issued a final, nonappealable order under division (B) of this 1,734
section a multi-year registration or renewal thereof under this 1,735
division or rules adopted under it for any motor vehicle that is 1,736
required to be inspected under section 3704.14 of the Revised 1,737
Code the district of registration of which, as determined under 1,738
section 4503.10 of the Revised Code, is or is located in the 1,739
county named in the order. 1,740
(B) Upon receipt from the director of environmental 1,742
protection of a notice issued under division (J) of section 1,743
3704.14 of the Revised Code indicating that an owner of a motor 1,744
vehicle that is required to be inspected under that section who 1,745
obtained a multi-year registration for the vehicle under division 1,746
(A) of this section or rules adopted under that division has not 1,747
obtained an inspection certificate for the vehicle in accordance 1,748
with that section in a year intervening between the years of 1,749
issuance and expiration of the multi-year registration in which 1,750
the owner is required to have the vehicle inspected and obtain an 1,751
inspection certificate for it under division (F)(1)(a) of that 1,752
section, the registrar in accordance with Chapter 119. of the 1,753
Revised Code shall issue an order to the owner impounding the 1,754
certificate of registration and identification license plates for 1,755
the vehicle. The order also shall prohibit the owner from 1,756
obtaining or renewing a multi-year registration for any vehicle 1,757
that is required to be inspected under that section, the district 1,758
of registration of which is or is located in the same county as 1,759
the county named in the order during the number of years after 1,760
expiration of the current multi-year registration that equals the 1,761
number of years for which the current multi-year registration was 1,762
issued. 1,763
An order issued under this division shall require the owner 1,765
44
to surrender to the registrar the certificate of registration and 1,766
license plates for the vehicle named in the order within five 1,767
days after its issuance. If the owner fails to do so within that 1,768
time, the registrar shall certify that fact to the county sheriff 1,769
or local police officials who shall recover the certificate of 1,770
registration and license plates for the vehicle. 1,771
(C) Upon the occurrence of either of the following 1,773
circumstances, the registrar in accordance with Chapter 119. of 1,774
the Revised Code shall issue to the owner a modified order 1,775
rescinding the provisions of the order issued under division (B) 1,776
of this section impounding the certificate of registration and 1,777
license plates for the vehicle named in that original order: 1,778
(1) Receipt from the director of environmental protection 1,780
of a subsequent notice under division (J) of section 3704.14 of 1,781
the Revised Code that the owner has obtained the inspection 1,782
certificate for the vehicle as required under division (F)(1)(a) 1,783
of that section; 1,784
(2) Presentation to the registrar by the owner of the 1,786
required inspection certificate for the vehicle. 1,787
(D) The owner of a motor vehicle for which the certificate 1,789
of registration and license plates have been impounded pursuant 1,790
to an order issued under division (B) of this section, upon 1,791
issuance of a modified order under division (C) of this section, 1,792
may apply to the registrar for their return. A fee of two 1,793
dollars and fifty cents shall be charged for the return of the 1,794
certificate of registration and license plates for each vehicle 1,795
named in the application. 1,796
Sec. 4503.12. Upon the transfer of ownership of a motor 1,805
vehicle, the registration of the motor vehicle expires and the 1,807
original owner immediately shall remove the license plates from 1,808
the motor vehicle, except that:
(A) If a statutory merger or consolidation results in the 1,810
transfer of ownership of a motor vehicle from a constituent 1,811
corporation to the surviving corporation, or if the incorporation 1,813
45
of a proprietorship or partnership results in the transfer of 1,814
ownership of a motor vehicle from the proprietorship or 1,815
partnership to the corporation, the registration shall be
continued upon the filing by the surviving or new corporation, 1,816
within thirty days of such transfer, of an application for an 1,817
amended certificate of registration, unless such registration is 1,818
prohibited by division (D) of section 2935.27, division (A) of 1,819
section 2937.221, division (B) of section 4507.168, or division 1,820
(B)(1) of section 4521.10 of the Revised Code. The application 1,822
shall be accompanied by a service fee of two dollars and 1,823
twenty-five cents, a transfer fee of one dollar, and the original 1,824
certificate of registration. Upon a proper filing, the registrar 1,825
of motor vehicles shall issue an amended certificate of 1,826
registration in the name of the new owner.
(B) If the death of the owner of a motor vehicle results 1,828
in the transfer of ownership of the motor vehicle to the 1,829
surviving spouse of the owner or if a motor vehicle is owned by 1,830
two persons under joint ownership with right of survivorship 1,831
established under section 2106.17 of the Revised Code and one of 1,832
those persons dies, the registration shall be continued upon the 1,833
filing by the surviving spouse of an application for an amended 1,834
certificate of registration, unless such registration is 1,835
prohibited by division (D) of section 2937.27, division (A) of 1,836
section 2937.221, division (B) of section 4507.168, or division 1,837
(B)(1) of section 4521.10 of the Revised Code. The application 1,840
shall be accompanied by a service fee of two dollars and 1,841
twenty-five cents, a transfer fee of one dollar, the original 1,842
certificate of registration, and, in relation to a motor vehicle 1,843
that is owned by two persons under joint ownership with right of 1,844
survivorship established under section 2106.17 of the Revised 1,845
Code, by a copy of the certificate of title that specifies that 1,846
the vehicle is owned under joint ownership with right of 1,847
survivorship. Upon a proper filing, the registrar shall issue an 1,848
amended certificate of registration in the name of the surviving 1,849
46
spouse.
(C) If the original owner of a motor vehicle that has been 1,851
transferred makes application for the registration of another 1,852
motor vehicle at any time during the remainder of the 1,853
registration period for which the transferred motor vehicle was 1,854
registered, the owner, unless such registration is prohibited by 1,855
division (D) of section 2935.27, division (A) of section 1,856
2937.221, division (E) of section 4503.234, division (B) of 1,858
section 4507.168, or division (B)(1) of section 4521.10 of the
Revised Code, may file an application for transfer of the 1,860
registration and, where applicable, the license plates, 1,861
accompanied by a service fee of two dollars and twenty-five 1,862
cents, a transfer fee of one dollar, and the original certificate 1,863
of registration. The transfer of the registration and, where 1,864
applicable, the license plates from the motor vehicle for which 1,865
they originally were issued to a succeeding motor vehicle 1,866
purchased by the same person in whose name the original 1,867
registration and license plates were issued shall be done within 1,868
a period not to exceed thirty days. During that thirty-day 1,869
period, the license plates from the motor vehicle for which they 1,870
originally were issued may be displayed on the succeeding motor
vehicle, and the succeeding motor vehicle may be operated on the 1,871
public roads and highways in this state. 1,872
At the time of application for transfer, the registrar 1,874
shall compute and collect the amount of tax due on the succeeding 1,875
motor vehicle, based upon the amount that would be due on a new 1,876
registration as of the date on which the transfer is made less a 1,877
credit for the unused portion of the original registration 1,878
beginning on that date. If the credit exceeds the amount of tax 1,879
due on the new registration, no refund shall be made. In 1,880
computing the amount of tax due and credits to be allowed under 1,881
this division, the provisions of division (B)(1)(a) AND (b) of 1,883
section 4503.11 of the Revised Code shall apply. As to passenger 1,884
cars, noncommercial vehicles, motor homes, and motorcycles, 1,885
47
transfers within or between these classes of motor vehicles only 1,886
shall be allowed. If the succeeding motor vehicle is of a 1,887
different class than the motor vehicle for which the registration 1,888
originally was issued, new license plates also shall be issued 1,889
upon the surrender of the license plates originally issued and 1,890
payment of the fees provided in divisions (C) and (D) of section 1,892
4503.10 of the Revised Code. 1,893
(D) The owner of a commercial car having a gross vehicle 1,895
weight or combined gross vehicle weight of more than ten thousand 1,896
pounds may transfer the registration of that commercial car to 1,897
another commercial car the owner owns without transferring 1,898
ownership of the first commercial car, unless registration of the 1,900
second commercial car is prohibited by division (D) of section 1,901
2935.27, division (A) of section 2937.221, division (B) of 1,902
section 4507.168, or division (B)(1) of section 4521.10 of the 1,904
Revised Code. At any time during the remainder of the
registration period for which the first commercial car was 1,905
registered, the owner may file an application for the transfer of 1,906
the registration and, where applicable, the license plates, 1,907
accompanied by a service fee of two dollars and twenty-five 1,908
cents, a transfer fee of one dollar, and the certificate of 1,909
registration of the first commercial car. The amount of any tax 1,910
due or credit to be allowed for a transfer of registration under 1,911
this division shall be computed in accordance with division (C) 1,912
of this section. 1,913
No commercial car to which a registration is transferred 1,915
under this division shall be operated on a public road or highway 1,916
in this state until after the transfer of registration is 1,918
completed in accordance with this division. 1,919
(E) Upon application to the registrar or a deputy 1,921
registrar, a person who owns or leases a motor vehicle may 1,923
transfer special license plates assigned to that vehicle to any 1,924
other vehicle that the person owns or leases or that is owned or 1,925
leased by the person's spouse. The application shall be 1,926
48
accompanied by a service fee of two dollars and twenty-five 1,928
cents, a transfer fee of one dollar, and the original certificate 1,929
of registration. As appropriate, the application also shall be 1,930
accompanied by a power of attorney for the registration of a 1,931
leased vehicle and a written statement releasing the special 1,932
plates to the applicant. Upon a proper filing, the registrar or 1,933
deputy registrar shall assign the special license plates to the 1,934
motor vehicle owned or leased by the applicant and issue a new 1,935
certificate of registration for that motor vehicle. 1,936
As used in division (E) of this section, "special license 1,938
plates" means either of the following: 1,939
(1) Any license plates for which the person to whom the 1,941
license plates are issued must pay an additional fee in excess of 1,942
the fees prescribed in section 4503.04 of the Revised Code, 1,943
Chapter 4504. of the Revised Code, and the service fee prescribed 1,944
in division (D) or (G) of section 4503.10 of the Revised Code; 1,945
(2) License plates issued under section 4503.44 of the 1,947
Revised Code. 1,948
Sec. 4503.19. Upon the filing of an application for 1,956
registration and the payment of the tax therefor, the registrar 1,957
of motor vehicles or a deputy registrar shall determine whether 1,958
the owner has previously been issued license plates for the motor 1,959
vehicle described in the application. If no license plates have 1,960
previously been issued to the owner for that motor vehicle, the 1,961
registrar or deputy registrar shall assign to the motor vehicle a 1,962
distinctive number and issue and deliver to the owner in such 1,963
manner as the registrar may select a certificate of registration, 1,964
in such form as the registrar shall prescribe, and, except as 1,966
otherwise provided in this section, two license plates, 1,967
duplicates of each other, and validation stickers, or validation 1,968
stickers alone, to be attached to the number plates as provided 1,969
in section 4503.191 of the Revised Code. The registrar or deputy 1,970
registrar also shall charge the owner any fees required under 1,971
division (C) of section 4503.10 of the Revised Code. Trailers, 1,972
49
manufactured homes, semitrailers, the manufacturer thereof, the 1,973
dealer, or in transit companies therein, shall be issued one 1,974
license plate only and one validation sticker, or a validation 1,975
sticker alone, which license plate shall be displayed only on the 1,976
rear of such vehicles. An apportioned vehicle receiving an 1,977
apportioned license plate under the international registration 1,978
plan shall be issued one license plate only and one validation 1,979
sticker, or a validation sticker alone; the license plate shall 1,980
be displayed only on the front of a semitractor and on the rear 1,981
of all other vehicles. School buses shall not be issued license 1,982
plates, but shall bear identifying numbers in the manner 1,983
prescribed by section 4511.764 of the Revised Code. The 1,984
certificate of registration and license plates and validation 1,985
stickers, or validation stickers alone, shall be issued and 1,986
delivered to the owner in person or by mail. Chauffeured 1,987
limousines shall be issued license plates, a validation sticker, 1,988
and a livery sticker as provided in section 4503.24 of the 1,989
Revised Code. In the event of the loss, mutilation, or 1,990
destruction of any certificate of registration, or of any license 1,991
plates or validation stickers, or in the event the owner chooses 1,992
to replace license plates previously issued for a motor vehicle,
OR THE REGISTRATION CERTIFICATE AND LICENSE PLATES HAVE BEEN 1,993
IMPOUNDED AS PROVIDED BY DIVISION (F)(1) OF SECTION 4507.02 AND 1,994
DIVISION (A)(2) OF SECTION 4507.16 OF THE REVISED CODE, the owner 1,995
of a motor vehicle, or manufacturer or dealer, may obtain from 1,996
the registrar, or from a deputy registrar if authorized by the 1,997
registrar, a duplicate thereof or new license plates bearing a 1,998
different number, if the registrar considers it advisable, upon 2,000
filing an application prescribed by the registrar, and upon 2,001
paying a fee of one dollar for such certificate of registration 2,002
and, a fee of five dollars for each set of two license plates, or 2,003
three dollars for each single license plate or validation sticker 2,004
and a service fee of two dollars and twenty-five cents. IN 2,005
ADDITION, EACH APPLICANT FOR A REPLACEMENT CERTIFICATE OF
50
REGISTRATION, LICENSE PLATE, OR VALIDATION STICKER SHALL PAY THE 2,006
FEES PROVIDED IN DIVISIONS (C) AND (D) OF SECTION 4503.10 OF THE 2,007
REVISED CODE.
Additionally, the registrar and each deputy registrar who 2,009
either issues license plates and a validation sticker for use on 2,010
any vehicle other than a commercial tractor, semitrailer, or 2,012
apportioned vehicle, or who issues a validation sticker alone for 2,013
use on such a vehicle and the owner has changed the owner's 2,014
county of residence since the owner last was issued county 2,015
identification stickers, also shall issue and deliver to the 2,016
owner either one or two county identification stickers, as 2,017
appropriate, which shall be attached to the license plates in a 2,019
manner prescribed by the director of public safety. The county 2,020
identification stickers shall prominently identify by name or 2,021
number the county in which the owner of the vehicle resides at 2,022
the time of registration. 2,023
Sec. 4503.27. A manufacturer, dealer, or distributor shall 2,032
make application for registration, for each place in this state 2,033
at which the business of manufacturing, dealing, or distributing 2,034
of motor vehicles is carried on. The application shall show the 2,035
make of motor vehicles manufactured, dealt in, or distributed at 2,036
such place and shall show the taxing district in which the place 2,037
of business is located. Upon the filing of such application and 2,038
the payment of the ANNUAL tax AND POSTAGE therefor, the registrar 2,040
of motor vehicles shall assign to the applicant a distinctive 2,041
number which must be carried and displayed by each such motor 2,042
vehicle in like manner as provided by law for other motor 2,043
vehicles while it is operated on the public highway until it is 2,044
sold or transferred. At the time the registrar assigns the 2,045
distinctive number he THE REGISTRAR shall furnish one placard 2,046
with the number thereon. Such manufacturer, dealer, or 2,047
distributor may procure A REASONABLE NUMBER OF certified copies 2,048
of the registration certificate upon the payment FOR EACH of a AN 2,049
ANNUAL fee of five dollars AND THE APPROPRIATE POSTAGE AS 2,051
51
REQUIRED BY THE REGISTRAR. With each of such THE certified 2,052
copies the registrar shall furnish one placard with the same 2,054
numbering provided in the original registration certificate, and 2,055
shall add thereto such special designation as necessary to 2,056
distinguish one set of placards from another. 2,057
The registrar shall not assign any distinctive number, and 2,059
he shall not furnish any placards to any dealer or distributor 2,061
unless such THE dealer or distributor, at the time of making 2,062
application for such THE placards, produces evidence to show that 2,063
he THE DEALER OR DISTRIBUTOR is the holder EITHER of a motor 2,064
vehicle dealer's license required by section 4517.04 or 4517.05 2,065
of the Revised Code, or a distributor's license required by 2,066
section 4517.08 of the Revised Code. Such evidence shall be 2,067
presented in the manner prescribed by the registrar. 2,068
Sec. 4503.301. (A) A manufacturer, dealer, or distributor 2,077
of motor vehicles may apply for a REASONABLE NUMBER OF commercial 2,078
car demonstration placard PLACARDS. The application shall show 2,079
the make of commercial cars, commercial tractors, trailers, and 2,081
semitrailers manufactured, dealt, or distributed in and shall 2,082
show the taxing district in which the applicant's place of 2,083
business is located.
Upon the filing of such application and the payment of a AN 2,085
ANNUAL fee of five hundred dollars AND APPROPRIATE POSTAGE AS 2,088
REQUIRED BY the registrar of motor vehicles, THE REGISTRAR shall 2,089
assign to the applicant a distinctive placard and number. Such 2,090
placards shall be known as "commercial car demonstration
placards," and shall be valid for a period of one year from date 2,091
of issue EXPIRE ON A DATE PRESCRIBED BY THE REGISTRAR. Such UPON 2,093
THE FIRST APPLICATION BY ANY PERSON FOR SUCH PLACARDS, THE
REGISTRAR SHALL PRORATE THE ANNUAL FEE IN ACCORDANCE WITH SECTION 2,094
4503.11 OF THE REVISED CODE; FOR ALL RENEWALS OR REPLACEMENTS OF 2,095
SUCH PLACARDS, THE REGISTRAR SHALL COLLECT THE FULL AMOUNT OF THE 2,096
ANNUAL FEE.
COMMERCIAL CAR DEMONSTRATION placards may be displayed on 2,098
52
commercial cars, commercial tractors, trailers and semitrailers 2,100
owned by the manufacturer, dealer, or distributor, when such 2,101
THOSE vehicles are operated by or being demonstrated to a 2,103
prospective purchaser. In addition to the purposes permitted by 2,104
section 4503.30 of the Revised Code, the placards provided for in 2,105
this section may be displayed on vehicles operated or used for 2,106
delivery, hauling, transporting, or any other lawful purpose. 2,107
When such placards are used, the placards provided for in section 2,108
4503.30 of the Revised Code need not be displayed. 2,109
The operator of any commercial car, commercial tractor, 2,111
trailer, or semitrailer displaying the placards provided for in 2,112
this section shall, at all times, SHALL carry with him THE 2,114
OPERATOR a letter from the manufacturer, dealer, or distributor
authorizing the use of such manufacturer's, dealer's, or 2,115
distributor's commercial car demonstration placards. 2,116
When such placards are used on any commercial car or 2,118
commercial tractor, such power unit shall be considered duly 2,119
registered and licensed for the purposes of section 4503.38 of 2,120
the Revised Code. 2,121
(B) No manufacturer, dealer, or distributor of motor 2,123
vehicles shall use the commercial car demonstration placard for 2,124
purposes other than those provided in AUTHORIZED BY this section. 2,126
Sec. 4503.31. As used in this section, "person" includes, 2,135
but is not limited to, any person engaged in the business of 2,136
manufacturing or distributing, or selling at retail, displaying, 2,137
offering for sale, or dealing in, motorized bicycles who is not 2,138
subject to section 4503.09 of the Revised Code, or an Ohio 2,139
nonprofit corporation engaged in the business of testing of motor 2,140
vehicles. 2,141
Persons other than manufacturers, dealers, or distributors 2,143
may register annually with the registrar of motor vehicles and 2,144
obtain placards to be displayed on motor vehicles as provided by 2,145
this section. Applications for annual registration shall be made 2,146
at the time provided for payment of the tax AND POSTAGE imposed 2,147
53
on manufacturers, dealers, or distributors and shall be in the 2,148
manner to be prescribed by the registrar. The fee for such 2,149
registration shall be twenty-five dollars and shall not be 2,150
reduced when the registration is for a part of a year. Applicants 2,152
may procure A REASONABLE NUMBER OF certified copies of such
registration upon the payment of a fee of five dollars AND 2,154
APPROPRIATE POSTAGE AS REQUIRED BY THE REGISTRAR for each such 2,155
copy.
Upon the filing of the application and the payment of the 2,157
fee AND POSTAGE prescribed by this section, the registrar shall 2,159
issue to each applicant a certificate of registration and assign 2,160
a distinctive number and furnish one placard with the number 2,161
thereon. With each of the certified copies of the registration 2,162
provided for in this section the registrar shall furnish one 2,163
placard with the same numbering assigned in the original 2,164
registration certificate and shall add thereto such special 2,165
designation as necessary to distinguish one set of placards from 2,166
another. All placards furnished by the registrar pursuant to 2,167
this section shall be so marked as to be distinguishable from 2,168
placards issued dealers, manufacturers, or distributors. 2,169
Placards issued pursuant to this section may be used only on 2,170
motor vehicles or motorized bicycles owned and being used in 2,171
testing or being demonstrated for purposes of sale or lease; or 2,172
on motor vehicles subject to the rights and remedies of a secured 2,173
party being exercised under sections 1309.01 to 1309.50 of the 2,174
Revised Code; or on motor vehicles being held or transported by 2,175
any insurance company for purposes of salvage disposition; or on 2,176
motor vehicles being transported by any persons regularly engaged 2,177
in salvage operations or scrap metal processing from the point of 2,178
acquisition to their established place of business; or on motor 2,179
vehicles owned by or in the lawful possession of an Ohio 2,180
nonprofit corporation while being used in the testing of those 2,181
motor vehicles. 2,182
Placards issued pursuant to this section may also MAY be 2,184
54
used by persons regularly and primarily engaged in the business 2,185
of rustproofing, reconditioning, or installing equipment or trim 2,186
on motor vehicles for motor vehicle dealers when such motor 2,187
vehicles are being transported to or from the motor vehicle 2,188
dealer's place of business; and by persons engaged in 2,189
manufacturing articles for attachment to motor vehicles when such 2,190
motor vehicles are being transported to or from places where 2,191
mechanical equipment is attached to the chassis of such new motor 2,192
vehicles; or on motor vehicles being towed by any persons 2,193
regularly and primarily engaged in the business of towing motor 2,194
vehicles while such vehicle is being towed to a point of storage. 2,195
Placards issued pursuant to this section may also MAY be 2,197
used on trailers being transported by persons engaged in the 2,198
business of selling tangible personal property other than motor 2,199
vehicles.
No person required to register an apportionable vehicle 2,201
under the international registration plan shall apply for or 2,202
receive a placard for that vehicle under this section. 2,203
The fees collected by the registrar pursuant to this 2,205
section shall be paid into the state bureau of motor vehicles 2,206
fund established in section 4501.25 of the Revised Code and used 2,207
for the purposes described in that section. 2,208
Sec. 4503.311. A manufacturer of or dealer in trailers for 2,217
transporting watercraft may apply for registration with the 2,218
registrar of motor vehicles for each place in this state where he 2,219
THE MANUFACTURER OR DEALER carries on the business of 2,220
manufacturing or dealing in such trailers. Applications for 2,222
annual registration shall be made at the time provided for 2,223
payment of the tax imposed on manufacturers and dealers by 2,224
section 4503.09 of the Revised Code and shall be in the manner to 2,225
be prescribed by the registrar. The fee for such registration 2,226
shall be twenty-five dollars and shall not be reduced when the 2,227
registration is for a part of a year.
Upon the filing of such application and the payment of such 2,229
55
THE fee, AND APPROPRIATE POSTAGE AS REQUIRED BY the registrar of 2,231
motor vehicles, THE REGISTRAR shall assign to the applicant a 2,232
distinctive number which shall be displayed on the rear of each 2,233
trailer while it is operated on the public highway. Such trailer
may be operated on the public highway while loaded, until it is 2,235
sold or transferred. At the time the registrar assigns the 2,236
distinctive number, he THE REGISTRAR shall furnish one placard 2,237
with the number thereon. Such manufacturer or dealer may procure 2,238
A REASONABLE NUMBER OF certified copies of the registration 2,239
certificate upon the payment of a fee of five dollars AND 2,241
POSTAGE. With each of such certified copies, the registrar shall 2,243
furnish one placard with the same number provided in the original 2,244
registration certificate, and shall add thereto such special 2,245
designation as necessary to distinguish one set of placards from 2,246
another. All placards furnished by the registrar pursuant to 2,247
this section shall be so marked as to be distinguishable from 2,248
placards issued to dealers in or manufacturers of motor vehicles. 2,249
The fees collected by the registrar pursuant to this 2,251
section shall be paid into the state bureau of motor vehicles 2,252
fund established in section 4501.25 of the Revised Code and used 2,253
for the purposes described in that section. 2,254
Sec. 4503.312. As used in this section: 2,263
(A) "Utility trailer" means any trailer, except a travel 2,265
trailer or trailer for transporting watercraft, having a gross 2,266
weight of less than four thousand pounds. 2,267
(B) "Snowmobile" and "all-purpose vehicle" have the same 2,269
meaning as in section 4519.01 of the Revised Code. 2,270
(C) "Distributor" means any person authorized by a 2,272
manufacturer of utility trailers or trailers for transporting 2,273
motorcycles, snowmobiles, or all-purpose vehicles to distribute 2,274
new trailers to persons for purposes of resale. 2,275
A manufacturer or distributor of utility trailers or 2,277
trailers for transporting motorcycles, snowmobiles, or 2,278
all-purpose vehicles may apply for registration with the 2,279
56
registrar of motor vehicles for each place in this state where he 2,280
THE MANUFACTURER OR DISTRIBUTOR carries on the business of 2,281
manufacturing or distributing such trailers. Applications for 2,283
annual registration shall be made at the time provided for 2,284
payment of the tax imposed by section 4503.09 of the Revised 2,285
Code; shall be in the manner to be prescribed by the registrar; 2,286
and shall be accompanied by an affidavit certifying that the 2,287
applicant is a manufacturer or distributor of utility trailers or 2,288
trailers for transporting motorcycles, snowmobiles, or 2,289
all-purpose vehicles. The fee for such registration shall be 2,290
twenty-five dollars and shall not be reduced when the 2,291
registration is for a part of a year.
Upon the filing of the application and affidavit, and 2,293
payment of the fee AND APPROPRIATE POSTAGE AS REQUIRED BY THE 2,294
REGISTRAR, the registrar shall assign to the applicant a 2,295
distinctive number which shall be displayed on the rear of each 2,296
trailer when it is operated on the public highway. Any trailer 2,297
for transporting motorcycles, snowmobiles, or all-purpose 2,298
vehicles that is not loaded may be operated on the public highway 2,299
until it is sold or transferred; and any utility trailer that is 2,300
not loaded, or that is being used to transport another utility 2,301
trailer for purposes of demonstration or delivery, may be 2,302
operated on the public highway until it is sold or transferred. 2,303
At the time the registrar assigns the distinctive number, 2,305
he THE REGISTRAR shall furnish one placard with the number 2,306
thereon. The manufacturer or distributor may procure A 2,307
REASONABLE NUMBER OF certified copies of the registration 2,309
certificate upon the payment of a fee of five dollars AND 2,310
POSTAGE. With each of such certified copies, the registrar shall 2,311
furnish one placard with the same number provided in the original 2,312
registration certificate, and shall add thereto such special 2,313
designation as necessary to distinguish one set of placards from 2,314
another. All placards furnished by the registrar pursuant to 2,315
this section shall be so marked as to be distinguishable from 2,316
57
placards issued to dealers in or manufacturers of motor vehicles 2,317
or trailers for transporting watercraft. 2,318
The fees collected by the registrar pursuant to this 2,320
section shall be paid into the state bureau of motor vehicles 2,321
fund established by section 4501.25 of the Revised Code and used 2,322
for the purposes described in that section. 2,323
Sec. 4503.33. A person, firm, or corporation engaged in 2,332
this state as a drive-away operator or trailer transporter or 2,333
both in the business of transporting and delivering, by means of 2,334
the full mount method, the saddle mount method, the tow bar 2,335
method, tow-away method, or any combination thereof, or under 2,336
their own power, new motor vehicles from the manufacturer or any 2,337
other point of origin to any point of destination, or used motor 2,338
vehicles from any individual, firm, or corporation to any point 2,339
of destination, or both, shall make application to the registrar 2,340
of motor vehicles for an "in transit" permit. This application 2,341
shall be accompanied by a registration fee of fifty dollars, and 2,343
shall show such information as deemed IS CONSIDERED necessary by 2,344
the registrar. Upon the filing of the application and the 2,345
payment of the ANNUAL fee AND APPROPRIATE POSTAGE AS REQUIRED BY 2,346
THE REGISTRAR, the registrar shall issue to each permittee a 2,347
certificate of registration bearing a distinctive number or 2,348
designation of the registration and one placard bearing a 2,349
corresponding number or designation, which placard must be 2,350
carried and displayed by each such motor vehicle in like manner 2,351
as provided by law for other motor vehicles while operated upon a 2,352
public highway in transit from the manufacturer or any other 2,353
point of origin to any point of destination. 2,354
Such A permittee may procure A REASONABLE NUMBER OF 2,356
certified copies of such registration certificate upon the 2,358
payment of a fee of three dollars AND POSTAGE. With each such 2,359
certified copy the registrar shall furnish one placard with the 2,360
same numbering or designation provided in the original 2,361
registration certificate, and he THE REGISTRAR may add thereto 2,362
58
such special designation as may be necessary to distinguish one 2,363
placard from another.
No person required to register an apportionable vehicle 2,365
under the international registration plan shall apply for or 2,366
receive a placard for that vehicle under this section. 2,367
Sec. 4503.84. The registrar of motor vehicles shall MAY 2,376
PRESCRIBE RULES TO make license plates and validation stickers 2,377
available for purchase in the year following the expiration of 2,378
the license plate and validation sticker OR WHEN THE LICENSE 2,379
PLATE DESIGN NO LONGER IS ISSUED OR IN SERVICE. The price of 2,380
each license plate shall be five dollars; the price of each 2,381
validation sticker shall be two dollars.
Sec. 4505.07. (A) A certificate of title shall be printed 2,390
upon a special paper with a secure printing process or other 2,391
secure process, for the printing of motor vehicle titles, as 2,392
required by section 2 of the "Truth in Mileage Act of 1986," 100 2,393
Stat. 3309, 15 U.S.C.A. 1901 et seq. 2,394
(B) Every certificate of title shall bear the 2,396
distinguishing number assigned to the title, and shall contain, 2,397
on the front of the certificate, the following information: 2,398
(1) An indication that the certificate is issued in this 2,400
state; 2,401
(2) The county in which the certificate is issued; 2,403
(3) An indication that the certificate is an original, 2,405
memorandum, duplicate, or salvage certificate; 2,406
(4) The date of issuance of the certificate; 2,408
(5) The name and address of the owner, in full; 2,410
(6) The name and address of the previous owner, in full; 2,412
(7) The previous certificate of title number; 2,414
(8) The state in which the vehicle previously was titled; 2,416
(9) The make, body type, year, model, and vehicle 2,418
identification number of the vehicle; 2,419
(10) First and second lien notation information, including 2,422
the name and address of the lienholder in full and the date of 2,423
59
the lien notation; 2,424
(11) For discharging and canceling the lien notation, a 2,426
notice that states: "lien discharge," a space for the signature 2,427
of the lienholder, the discharge date, a space for the signature 2,429
of the clerk of the court of common pleas, the cancellation date, 2,431
and a space for the notation of the deputy clerk; 2,432
(12) The purchase price of the motor vehicle and the 2,434
amount of Ohio sales or use tax paid; 2,435
(13) The mileage registered on the odometer and the status 2,438
of the odometer of the vehicle at the time the previous title was 2,440
assigned;
(14) A space for the seal of the clerk; 2,442
(15) The signature of the clerk; 2,444
(16) A space for the notation of the deputy clerk; 2,446
(17) A space for other pertinent information as may be 2,448
required by the registrar of motor vehicles; 2,449
(18) A consecutive number for control purposes; 2,451
(19) In the case of a vehicle last previously registered 2,453
in another state, a space to be used for recording any notation 2,454
applicable to the vehicle and the abbreviation of the state in 2,455
which the vehicle was last registered, as required by divisions 2,456
(B)(1) and (2) of section 4505.08 of the Revised Code; 2,457
(20) IN THE CASE OF A VEHICLE LAST PREVIOUSLY REGISTERED 2,459
IN THIS STATE, A SPACE TO BE USED FOR RECORDING ANY INFORMATION 2,460
APPLICABLE TO THE VEHICLE AS REQUIRED BY DIVISION (C) OF SECTION 2,461
4505.08 OF THE REVISED CODE OR BY RULE OF THE REGISTRAR OF MOTOR 2,462
VEHICLES ADOPTED UNDER THAT DIVISION.
(C) If the certificate of title is a duplicate 2,464
certificate, that fact and the original title number must be 2,465
stated on the front of the duplicate certificate. 2,466
(D) If the certificate of title is a memorandum 2,468
certificate, that fact and the original title number must be 2,469
stated on the front of the memorandum certificate. 2,470
(E) If the certificate of title is a salvage certificate, 2,472
60
that fact and the original title number must be stated on the 2,473
front of the salvage certificate. 2,474
(F) The following information shall appear on the reverse 2,476
side of each certificate of title: 2,477
(1) A notice in bold lettering that states: "ERASURES AND 2,479
ALTERATIONS VOID THIS TITLE ASSIGNMENT. (Type or print in 2,480
ink.)";
(2) The total consideration of the vehicle; 2,482
(3) A disclosure that states: "I (we) certify the vehicle 2,484
described in this title was transferred for the price of 2,486
$.......... to:" and the printed name and address of the buyer 2,487
in full;
(4) An odometer certification statement that states: 2,489
"Federal and state laws require that you state the mileage in 2,490
connection with transfer of ownership. Failure to complete or 2,491
providing false information may result in fines and 2,492
imprisonment."
The odometer certification language as required by federal law 2,494
and division (C) of section 4505.06 of the Revised Code. 2,495
(5) A disclosure that states: "I (we) warrant the title 2,497
to be free of all liens."; 2,498
(6) A space for the signature of the transferor and the 2,501
transferor's printed name and address in full;
(7) A space for the seal of the clerk or a notary; 2,503
(8) The acknowledgment statement of the clerk, the deputy 2,506
clerk, or a notary;
(9) A space for the signature of the clerk, the deputy 2,508
clerk, or a notary; 2,509
(10) The buyer's odometer acknowledgment statement, with a 2,512
space for the buyer's printed name and address;
(11) A notice in bold lettering that states: "WARNING TO 2,514
TRANSFEROR AND TRANSFEREE (SELLER AND BUYER): You are required 2,515
by law to state the true selling price. A false statement is in 2,517
violation of section 2921.13 of the Revised Code and is 2,518
61
punishable by six months' imprisonment or a fine of up to one 2,519
thousand dollars, or both. All transfers are audited by the 2,520
department of taxation.
The seller and buyer must provide any information requested 2,522
by the department of taxation. The buyer may be assessed any 2,523
additional tax found to be due." 2,524
(12) An application for a certificate of title, memorandum 2,527
certificate of title, or salvage certificate of title, as 2,528
prescribed by the registrar, which shall include all of the 2,530
following:
(a) A disclosure that states: "Application for 2,533
certificate of title (type or print in ink)";
(b) A disclosure that states: "Fee of $5.00 for failure 2,536
to apply for title within 30 days of assignment."; 2,537
(c) A space for the applicant's printed name and address: 2,540
(d) A pace SPACE for the applicant's social security 2,543
number or employer's identification number;
(e) A space for the purchase price, tax paid, or tax 2,546
exemption reason, or dealer's permit number, and vendor's number, 2,547
and condition of the vehicle;
(f) A disclosure statement that states: "Lien 2,550
information: If no lien state "none." If more than one lien, 2,551
attach statement of all additional liens.";
(g) A space for the lienholder's name and address; dress; 2,554
(h) A disclosure statement that states: "I (we) state 2,557
that all information contained in this application is true and 2,558
correct.";
(i) A space for the applicant's signature; 2,561
(j) A space for the acknowledgment statement of the clerk, 2,564
the deputy clerk, or a notary;
(k) A space for the seal of the clerk or a notary; 2,567
(l) A space for the signature of the clerk, the deputy 2,570
clerk, or a notary;
(m) Any other pertinent information as may be required by 2,573
62
the registrar.
Sec. 4505.08. (A) The clerk of the court of common pleas 2,582
shall issue certificates of title in duplicate. One copy shall 2,583
be retained and filed by the clerk in the clerk's office. The 2,585
clerk shall sign and affix the clerk's seal to the original 2,586
certificate of title and, if there are no liens on the motor 2,588
vehicle, shall deliver the certificate to the applicant or the 2,589
selling dealer. If there are one or more liens on the motor 2,591
vehicle, the certificate of title shall be delivered to the 2,592
holder of the first lien or the selling dealer, who shall deliver
the certificate of title to the holder of the first lien. 2,593
The registrar of motor vehicles shall prescribe a uniform 2,595
method of numbering certificates of title, and such numbering 2,596
shall be in such manner that the county of issuance is indicated. 2,597
The clerk shall assign numbers to certificates of title in the 2,598
manner prescribed by the registrar. The clerk shall file all 2,599
certificates of title according to regulations to be prescribed 2,600
by the registrar, and the clerk shall maintain in the clerk's 2,601
office indexes for the certificates of title. 2,603
The clerk need not retain on file any current certificates 2,606
of title, current duplicate certificates of title, current 2,607
memorandum certificates of title, or current salvage certificates 2,608
of title, or supporting evidence thereof covering any motor 2,609
vehicle or manufactured home for a period longer than seven years 2,610
after the date of its filing; thereafter the same may be 2,612
destroyed. The clerk need not retain on file any inactive 2,613
records including certificates of title, duplicate certificates 2,614
of title, memorandum certificates of title, or supporting 2,615
evidence thereof covering any motor vehicle or manufactured home 2,616
for a period longer than five years after the date of its filing; 2,617
thereafter, the same may be destroyed. The clerk shall retain 2,618
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 2,620
a record and index of all inactive titles for ten years. If the 2,621
63
clerk provides a written copy of any information contained in the 2,622
data base, the copy shall be considered the original for purposes 2,623
of the clerk certifying the record of such information for use in
any legal proceeding. 2,624
(B)(1) If the clerk issues a certificate of title for a 2,626
motor vehicle that was last previously registered in another 2,627
state, the clerk shall record verbatim, where practicable, in the 2,629
space on the title described in division (B)(19) of section 2,630
4505.07 of the Revised Code, the words that appear as a notation 2,631
to the vehicle on the title issued by the previous state. These 2,632
notations may include, but are not limited to, words to the 2,633
effect that the vehicle was considered or was categorized by the 2,634
state in which it was last previously registered to be a law 2,635
enforcement vehicle, a taxicab, or was once in a flood. 2,636
(2) If the clerk, while issuing a certificate of title for 2,638
a motor vehicle that was last previously registered in another 2,639
state, receives information from the automated title processing 2,640
system indicating that a title to the vehicle previously was 2,641
issued by this state and that the previous title contained 2,642
notations that appeared in the space described in division 2,643
(B)(19) OR (20) of section 4505.07 of the Revised Code, the clerk 2,644
shall enter the notations that appeared on the previous 2,645
certificate of title issued by this state on the new certificate 2,646
of title in the space described in division (B)(19) OR (20) of 2,647
section 4505.07 of the Revised Code, irrespective of whether the 2,648
notations appear on the certificate of title issued by the state 2,649
in which the vehicle was last previously registered. 2,650
(3) If the clerk, while issuing a certificate of title for 2,652
a motor vehicle that was last previously registered in another 2,653
state, receives information from the automated title processing 2,654
system indicating that the vehicle was previously issued a title 2,655
by this state and that the previous title bore the notation 2,657
"REBUILT SALVAGE" as required by division (E) of section 4505.11
of the Revised Code, or the previous title to the vehicle issued 2,658
64
by this state was a salvage certificate of title, the clerk shall 2,659
cause the certificate of title the clerk issues to bear the 2,660
notation "REBUILT SALVAGE" in the location prescribed by the 2,661
registrar pursuant to that division. 2,662
(C) WHEN THE CLERK ISSUES A CERTIFICATE OF TITLE FOR A 2,664
MOTOR VEHICLE THAT WAS LAST PREVIOUSLY REGISTERED IN THIS STATE 2,665
AND WAS A LAW ENFORCEMENT VEHICLE, A TAXICAB, OR WAS ONCE IN A 2,666
FLOOD, THE CLERK SHALL RECORD THAT INFORMATION IN THE SPACE ON 2,667
THE TITLE DESCRIBED IN DIVISION (B)(20) OF SECTION 4505.07 OF THE 2,668
REVISED CODE. THE REGISTRAR, BY RULE, MAY PRESCRIBE ANY 2,669
ADDITIONAL USES OF OR HAPPENINGS TO A MOTOR VEHICLE THAT THE
REGISTRAR HAS REASON TO BELIEVE SHOULD BE NOTED ON THE 2,670
CERTIFICATE OF TITLE AS PROVIDED IN THIS DIVISION. 2,671
(4)(D) The clerk shall use reasonable care in recording or 2,673
entering onto titles the clerk issues any notation and 2,674
information the clerk is required by division DIVISIONS (B) AND 2,676
(C) of this section to record or enter and in causing the titles 2,677
the clerk issues to bear any notation required by that division 2,678
THOSE DIVISIONS, but the clerk is not liable for any of the 2,679
clerk's errors or omissions or those of the clerk's deputies, or 2,680
the automated title processing system, in the performance of the 2,681
duties imposed on the clerk by this section. 2,682
(C)(E) The clerk may issue a duplicate title, when duly 2,684
applied for, of any title that has been destroyed as herein 2,685
provided.
Sec. 4505.11. (A) Each owner of a motor vehicle and each 2,694
person mentioned as owner in the last certificate of title, when 2,695
the motor vehicle is dismantled, destroyed, or changed in such 2,696
manner that it loses its character as a motor vehicle, or changed 2,697
in such manner that it is not the motor vehicle described in the 2,698
certificate of title, shall surrender the certificate of title to 2,700
that motor vehicle to the clerk of the court of common pleas who
issued it, and thereupon the clerk, with the consent of any 2,702
holders of any liens noted thereon, shall enter a cancellation 2,703
65
upon the clerk's records and shall notify the registrar of motor 2,704
vehicles of the cancellation.
Upon the cancellation of a certificate of title in the 2,706
manner prescribed by this section, the clerk and the registrar of 2,708
motor vehicles may cancel and destroy all certificates and all 2,709
memorandum certificates in that chain of title. 2,710
(B) Where an Ohio certificate of title or salvage 2,712
certificate of title to a motor vehicle is assigned to a salvage 2,713
dealer, the dealer is not required to obtain an Ohio certificate 2,715
of title or a salvage certificate of title to the motor vehicle 2,716
in the dealer's own name if the dealer dismantles or destroys the 2,717
motor vehicle, indicates the number of the dealer's motor vehicle 2,718
salvage dealer's license thereon, marks "FOR DESTRUCTION" across 2,720
the face of the certificate of title or salvage certificate of 2,721
title, and surrenders the certificate of title or salvage 2,722
certificate of title to the clerk of the court of common pleas as 2,723
provided in division (A) of this section. If the salvage dealer 2,724
retains the motor vehicle for resale, the dealer shall make 2,725
application for a salvage certificate of title to the motor
vehicle in the dealer's own name as provided in division (C)(1) 2,726
of this section. 2,727
(C)(1) When an insurance company declares it economically 2,729
impractical to repair such a motor vehicle and has paid an agreed 2,730
price for the purchase of the motor vehicle to any insured or 2,731
claimant owner, the insurance company shall receive the 2,732
certificate of title and the motor vehicle and, except as 2,733
provided in division (C)(2) of this section, proceed as follows. 2,734
Within thirty days the insurance company shall deliver the 2,735
certificate of title to the clerk of the court of common pleas 2,736
and shall make application for a salvage certificate of title. 2,737
The clerk shall issue the salvage certificate of title on a form, 2,738
prescribed by the registrar, that shall be easily distinguishable 2,740
from the original certificate of title and shall bear the same 2,741
number and information as the original certificate of title. The 2,742
66
EXCEPT AS PROVIDED IN DIVISION (C)(2) OF THIS SECTION, THE 2,743
salvage certificate of title shall be assigned by the insurance 2,744
company to a salvage dealer or any other person for use as 2,745
evidence of ownership upon the sale or other disposition of the 2,746
motor vehicle, and the salvage certificate of title shall be 2,747
transferrable to any other person. The clerk shall charge a fee 2,748
of four dollars for the cost of processing each salvage 2,749
certificate of title. 2,750
(2) If an insurance company considers a motor vehicle as 2,752
described in division (C)(1) of this section to be impossible to 2,753
restore for highway operation, the insurance company may assign 2,754
the certificate of title to the motor vehicle to a salvage dealer 2,755
or scrap metal processing facility and send the assigned 2,756
certificate of title to the clerk of the court of common pleas of 2,757
the county in which the salvage dealer or scrap metal processing 2,758
facility is located. The insurance company shall mark the face 2,759
of the certificate of title "FOR DESTRUCTION" and shall deliver a 2,760
photocopy of the certificate of title to the salvage dealer or 2,761
scrap metal processing facility for its records. 2,762
(3) If an insurance company declares it economically 2,764
impractical to repair a motor vehicle, agrees to pay to the 2,765
insured or claimant owner an amount in settlement of a claim 2,766
against a policy of motor vehicle insurance covering the motor 2,767
vehicle, and agrees to permit the insured or claimant owner to 2,768
retain possession of the motor vehicle, the insurance company 2,769
shall not pay the insured or claimant owner any amount in 2,770
settlement of the insurance claim until the owner obtains a 2,771
salvage certificate of title to the vehicle and furnishes a copy 2,772
of the salvage certificate of title to the insurance company. 2,773
(D) When a self-insured organization, rental or leasing 2,775
company, or secured creditor becomes the owner of a motor vehicle 2,776
that is burned, damaged, or dismantled and is determined to be 2,777
economically impractical to repair, the self-insured 2,778
organization, rental or leasing company, or secured creditor 2,779
67
shall do one of the following: 2,780
(1) Mark the face of the certificate of title to the motor 2,782
vehicle "FOR DESTRUCTION" and surrender the certificate of title 2,783
to the clerk of the court of common pleas for cancellation as 2,784
described in division (A) of this section. The self-insured 2,785
organization, rental or leasing company, or secured creditor 2,786
thereupon shall deliver the motor vehicle, together with a 2,787
photocopy of the certificate of title, to a salvage dealer or 2,788
scrap metal processing facility and shall cause the motor vehicle 2,789
to be dismantled, flattened, crushed, or destroyed. 2,790
(2) Obtain a salvage certificate of title to the motor 2,792
vehicle in the name of the self-insured organization, rental or 2,793
leasing company, or secured creditor, as provided in division 2,794
(C)(1) of this section, and then sell or otherwise dispose of the 2,795
motor vehicle. If the motor vehicle is sold, the self-insured 2,796
organization, rental or leasing company, or secured creditor 2,797
shall obtain a salvage certificate of title to the motor vehicle 2,798
in the name of the purchaser from the clerk of the court of 2,799
common pleas of the county in which the purchaser resides. 2,800
(E) If a motor vehicle titled with a salvage certificate 2,802
of title is restored for operation upon the highways, application 2,803
shall be made to the clerk of the court of common pleas for a 2,804
certificate of title. Upon inspection by the state highway 2,805
patrol, which shall include establishing proof of ownership and 2,806
an inspection of the motor number and vehicle identification 2,807
number of the motor vehicle and of documentation or receipts for 2,808
the materials used in restoration by the owner of the motor 2,809
vehicle being inspected, which documentation or receipts shall be 2,810
presented at the time of inspection, the clerk, upon surrender of 2,811
the salvage certificate of title, shall issue a certificate of 2,812
title for a fee prescribed by the registrar. The certificate of 2,813
title shall be in the same form as the original certificate of 2,814
title, shall bear the same number as the salvage certificate of 2,815
title and the original certificate of title, and shall bear the 2,816
68
words "REBUILT SALVAGE" in black boldface letters on its face. 2,817
Every subsequent certificate of title, memorandum certificate of 2,818
title, or duplicate certificate of title issued for the motor 2,820
vehicle also shall bear the words "REBUILT SALVAGE" in black 2,822
boldface letters on its face. The exact location on the face of 2,823
the certificate of title of the words "REBUILT SALVAGE" shall be 2,824
determined by the registrar, who shall develop an automated 2,825
procedure within the automated title processing system to comply 2,826
with this division. The clerk shall use reasonable care in 2,827
performing the duties imposed on the clerk by this division in 2,828
issuing a certificate of title pursuant to this division, but the 2,830
clerk is not liable for any of the clerk's errors or omissions or 2,831
those of the clerk's deputies, or the automated title processing 2,833
system in the performance of those duties. A fee of forty 2,834
dollars in fiscal year 1998 and fifty dollars in fiscal year 1999 2,835
and thereafter shall be assessed by the state highway patrol for 2,836
each inspection made pursuant to this division and shall be 2,837
deposited into the state highway safety fund established by 2,838
section 4501.06 of the Revised Code.
(F) No person shall operate upon the highways in this 2,840
state a motor vehicle, title to which is evidenced by a salvage 2,841
certificate of title, except to deliver the motor vehicle 2,842
pursuant to an appointment for an inspection under this section. 2,843
(G) No motor vehicle the certificate of title to which has 2,845
been marked "FOR DESTRUCTION" and surrendered to the clerk of the 2,846
court of common pleas shall be used for anything except parts and 2,847
scrap metal. 2,848
Sec. 4506.01. As used in this chapter: 2,858
(A) "Alcohol concentration" means the concentration of 2,860
alcohol in a person's blood, breath, or urine. When expressed as 2,861
a percentage, it means grams of alcohol per the following: 2,862
(1) One hundred milliliters of blood; 2,864
(2) Two hundred ten liters of breath; 2,866
(3) One hundred milliliters of urine. 2,868
69
(B) "School bus" has the same meaning as in section 2,870
4511.01 of the Revised Code. 2,871
(C) "Commercial driver's license" means a license, 2,873
including a probationary commercial driver's license, issued in 2,874
accordance with this chapter that authorizes an individual to 2,875
drive a commercial motor vehicle. 2,876
(D) "Commercial driver license information system" means 2,878
the information system established pursuant to the requirements 2,879
of the "Commercial Motor Vehicle Safety Act of 1986," 100 Stat. 2,880
3207-171, 49 U.S.C.A. App. 2701. 2,881
(E) "Commercial motor vehicle" means any motor vehicle 2,883
designed or used to transport persons or property that meets any 2,884
of the following qualifications: 2,885
(1) Any combination of vehicles with a combined gross 2,887
vehicle weight rating of twenty-six thousand one pounds or more, 2,888
provided the gross vehicle weight rating of the vehicle or 2,889
vehicles being towed is in excess of ten thousand pounds; 2,890
(2) Any single vehicle with a gross vehicle weight rating 2,892
of twenty-six thousand one pounds or more, or any such vehicle 2,893
towing a vehicle having a gross vehicle weight rating that is not 2,894
in excess of ten thousand pounds; 2,895
(3) Any single vehicle or combination of vehicles that is 2,897
not a class A or class B vehicle, but that either is designed to 2,898
transport sixteen or more passengers including the driver, or is 2,899
placarded for hazardous materials; 2,900
(4) Any school bus with a gross vehicle weight rating of 2,903
less than twenty-six thousand one pounds that is designed to 2,904
transport fewer than sixteen passengers including the driver; 2,905
(5) Is transporting hazardous materials for which 2,907
placarding is required by regulations adopted under the 2,908
"Hazardous Materials Transportation Act," 88 Stat. 2156 (1975), 2,909
49 U.S.C.A. 1801, as amended; 2,910
(6) Any single vehicle or combination of vehicles that is 2,912
designed to be operated and to travel on a public street or 2,913
70
highway and is considered by the federal highway administration 2,914
to be a commercial motor vehicle, including, but not limited to, 2,915
a motorized crane, a vehicle whose function is to pump cement, a 2,916
rig for drilling wells, and a portable crane.
(F) "Controlled substance" means all of the following: 2,918
(1) Any substance classified as a controlled substance 2,920
under the "Controlled Substances Act," 80 Stat. 1242 (1970), 21 2,921
U.S.C.A. 802(6), as amended; 2,922
(2) Any substance included in schedules I through V of 21 2,924
C.F.R. part 1308, as amended; 2,925
(3) Any drug of abuse. 2,927
(G) "Conviction" means an unvacated adjudication of guilt 2,929
or a determination that a person has violated or failed to comply 2,930
with the law in a court of original jurisdiction or an authorized 2,931
administrative tribunal, an unvacated forfeiture of bail or 2,932
collateral deposited to secure the person's appearance in court, 2,933
the payment of a fine or court cost, or violation of a condition 2,934
of release without bail, regardless of whether or not the penalty 2,935
is rebated, suspended, or probated. 2,936
(H) "Disqualification" means withdrawal of the privilege 2,938
to drive a commercial motor vehicle. 2,939
(I) "Drive" means to drive, operate, or be in physical 2,941
control of a motor vehicle. 2,942
(J) "Driver" means any person who drives, operates, or is 2,944
in physical control of a commercial motor vehicle or is required 2,945
to have a commercial driver's license. 2,946
(K) "Driver's license" means a license issued by the 2,948
bureau of motor vehicles that authorizes an individual to drive. 2,949
(L) "Drug of abuse" means any controlled substance, 2,951
dangerous drug as defined in section 4729.02 of the Revised Code, 2,952
or over-the-counter medication that, when taken in quantities 2,953
exceeding the recommended dosage, can result in impairment of 2,954
judgment or reflexes. 2,955
(M) "Employer" means any person, including the federal 2,957
71
government, any state, and a political subdivision of any state, 2,958
that owns or leases a commercial motor vehicle or assigns a 2,959
person to drive such a motor vehicle. 2,960
(N) "Endorsement" means an authorization on a person's 2,962
commercial driver's license that is required to permit the person 2,963
to operate a specified type of commercial motor vehicle. 2,964
(O) "Felony" means any offense under federal or state law 2,966
that is punishable by death or specifically classified as a 2,967
felony under the law of this state, regardless of the penalty 2,968
that may be imposed. 2,969
(P) "Foreign jurisdiction" means any jurisdiction other 2,971
than a state. 2,972
(Q) "Gross vehicle weight rating" means the value 2,974
specified by the manufacturer as the maximum loaded weight of a 2,975
single or a combination vehicle. The gross vehicle weight rating 2,976
of a combination vehicle is the gross vehicle weight rating of 2,977
the power unit plus the gross vehicle weight rating of each towed 2,978
unit. 2,979
(R) "Hazardous materials" means materials identified as 2,981
such under regulations adopted under the "Hazardous Materials 2,982
Transportation Act," 88 Stat. 2156 (1975), 49 U.S.C.A. 1801, as 2,983
amended. 2,984
(S) "Motor vehicle" has the same meaning as in section 2,986
4511.01 of the Revised Code. 2,987
(T) "Out-of-service order" means a temporary prohibition 2,989
against driving a commercial motor vehicle issued under this 2,990
chapter or a similar law of another state or of a foreign 2,991
jurisdiction. 2,992
(U) "Residence" means any person's residence determined in 2,994
accordance with section 3503.02 of the Revised Code STANDARDS 2,995
PRESCRIBED IN RULES ADOPTED BY THE REGISTRAR. 2,996
(V) "TEMPORARY RESIDENCE" MEANS RESIDENCE ON A TEMPORARY 2,998
BASIS AS DETERMINED BY THE REGISTRAR IN ACCORDANCE WITH STANDARDS 2,999
PRESCRIBED IN RULES ADOPTED BY THE REGISTRAR. 3,000
72
(W) "Serious traffic violation" means a conviction arising 3,002
from the operation of a commercial motor vehicle that involves 3,003
any of the following: 3,004
(1) A single charge of any speed that is in excess of the 3,006
posted speed limit by an amount specified by the United States 3,007
secretary of transportation and that the director of public 3,008
safety designates as such by rule; 3,009
(2) Violation of section 4511.20, 4511.201, or 4511.202 of 3,011
the Revised Code or any similar ordinance or resolution, or of 3,012
any similar law of another state or political subdivision of 3,013
another state; 3,014
(3) Violation of a law of this state or an ordinance or 3,016
resolution relating to traffic control, other than a parking 3,017
violation, or of any similar law of another state or political 3,018
subdivision of another state, that results in a fatal accident; 3,019
(4) Violation of any other law of this state or an 3,021
ordinance or resolution relating to traffic control, other than a 3,022
parking violation, that is determined to be a serious traffic 3,023
violation by the United States secretary of transportation and 3,024
the director designates as such by rule. 3,025
(W)(X) "State" means a state of the United States and 3,027
includes the District of Columbia. 3,028
(X)(Y) "Tank vehicle" means any commercial motor vehicle 3,030
that is designed to transport any liquid or gaseous materials 3,031
within a tank that is either permanently or temporarily attached 3,032
to the vehicle or its chassis, but does not include any portable 3,033
tank having a rated capacity of less than one thousand gallons. 3,034
(Y)(Z) "United States" means the fifty states and the 3,036
District of Columbia. 3,037
(Z)(AA) "Vehicle" has the same meaning as in section 3,039
4511.01 of the Revised Code. 3,040
(AA)(BB) "Peace officer" has the same meaning as in 3,042
section 2935.01 of the Revised Code. 3,043
(BB) "Probationary commercial driver's license" means the 3,045
73
license issued to a person between eighteen and twenty-one years 3,046
of age. 3,047
Sec. 4506.08. (A) Each application for a commercial 3,056
driver's license temporary instruction permit shall be 3,057
accompanied by a fee of ten dollars; except as provided in 3,058
division (B) of this section, each application for a commercial 3,059
driver's license, restricted commercial driver's license, or 3,060
renewal of such a license, or for a probationary commercial 3,061
driver's license shall be accompanied by a fee of twenty-five 3,062
dollars; and each application for a duplicate commercial driver's 3,063
license shall be accompanied by a fee of ten dollars. In 3,064
addition, the registrar OF MOTOR VEHICLES or deputy registrar may 3,065
collect and retain an additional fee of no more than two dollars 3,066
and twenty-five cents for each application for a commercial 3,067
driver's license temporary instruction permit, commercial 3,068
driver's license, renewal of a commercial driver's license, or
duplicate commercial driver's license received by him THE 3,070
REGISTRAR OR DEPUTY. No fee shall be charged for the annual 3,071
issuance of a waiver for farm-related service industries pursuant 3,072
to section 4506.24 of the Revised Code. 3,073
Each deputy registrar shall transmit the fees collected to 3,075
the registrar of motor vehicles at the time and in the manner 3,076
prescribed by the registrar by rule. The registrar shall pay the 3,077
fees into the state highway safety fund established in section 3,078
4501.06 of the Revised Code. 3,079
(B) Each application for a probationary commercial 3,081
driver's license shall be accompanied by whichever of the 3,082
following fees is applicable: 3,083
(1) If the person is eighteen years of age or older, but 3,085
less than nineteen years of age, a fee of eighteen dollars and 3,086
seventy-five cents; 3,087
(2) If the person is nineteen years of age or older, but 3,089
less than twenty years of age, a fee of twelve dollars and fifty 3,090
cents; 3,091
74
(3) If the person is twenty years of age or older, but 3,093
less than twenty-one years of age, a fee of six dollars and 3,094
twenty-five cents. 3,095
(C) Information regarding the driving record of any person 3,097
holding a commercial driver's license issued by this state shall 3,098
be furnished by the registrar, upon request and payment of a fee 3,099
of three dollars, to the employer or prospective employer of such 3,100
a person and to any insurer. 3,101
Sec. 4506.14. (A) Commercial driver's licenses shall 3,110
expire as follows: 3,111
(1) Except as provided in division (A)(3) of this section, 3,113
each such license issued to replace an operator's or chauffeur's 3,114
license shall expire on the original expiration date of the 3,115
operator's or chauffeur's license and, upon renewal, shall expire 3,116
on the licensee's birthday in the fourth year after the date of 3,117
issuance. 3,118
(2) Except as provided in division (A)(3) of this section, 3,120
each such license issued as an original license TO A PERSON WHOSE 3,121
RESIDENCE IS IN THIS STATE shall expire on the licensee's 3,123
birthday in the fourth year after the date of issuance, AND EACH 3,124
SUCH LICENSE ISSUED TO A PERSON WHOSE TEMPORARY RESIDENCE IS IN 3,125
THIS STATE SHALL EXPIRE IN ACCORDANCE WITH RULES ADOPTED BY THE 3,126
REGISTRAR OF MOTOR VEHICLES. A LICENSE ISSUED TO A PERSON WITH A 3,127
TEMPORARY RESIDENCE IN THIS STATE IS NONRENEWABLE, BUT MAY BE 3,128
REPLACED WITH A NEW LICENSE WITHIN NINETY DAYS PRIOR TO ITS 3,129
EXPIRATION UPON THE APPLICANT'S COMPLIANCE WITH ALL APPLICABLE 3,130
REQUIREMENTS. 3,131
(3) Each such license issued to replace the operator's or 3,133
chauffeur's license of a person who is less than twenty-one years 3,134
of age, and each such license issued as an original license to a 3,135
person who is less than twenty-one years of age, shall expire on 3,136
the licensee's twenty-first birthday. 3,137
(B) No commercial driver's license shall be issued for a 3,140
period longer than four years AND NINETY DAYS. Except as
75
provided in section 4507.12 of the Revised Code, the registrar of 3,142
motor vehicles may waive the examination of any person applying 3,143
for the renewal of a commercial driver's license issued under 3,144
this chapter, provided that the applicant presents either an 3,145
unexpired commercial driver's license or a commercial driver's 3,146
license that has expired not more than six months prior to the 3,147
date of application.
(C) Subject to the requirements of this chapter AND EXCEPT 3,149
AS PROVIDED IN DIVISION (A)(2) OF THIS SECTION IN REGARD TO A 3,150
PERSON WHOSE TEMPORARY RESIDENCE IS IN THIS STATE, every 3,151
commercial driver's license shall be renewable sixty NINETY days 3,152
before its expiration upon payment of the fees required by 3,153
section 4506.08 of the Revised Code. Each person applying for 3,154
renewal of a commercial driver's license shall complete the
application form prescribed by section 4506.07 of the Revised 3,156
Code and shall provide all certifications required. If the 3,157
person wishes to retain an endorsement authorizing him THE PERSON 3,158
to transport hazardous materials, he THE PERSON shall take and 3,159
successfully complete the written test for the endorsement. 3,160
(D) Each person licensed as a driver under this chapter 3,162
shall notify the registrar of any change in the person's address 3,164
within ten days following that change. The notification shall be 3,165
in writing on a form provided by the registrar and shall include 3,166
the full name, date of birth, license number, county of 3,167
residence, social security number, and new address of the person. 3,168
Sec. 4506.16. (A) Whoever violates division (A) of 3,177
section 4506.15 of the Revised Code or a similar law of another 3,178
state or a foreign jurisdiction, immediately shall be placed 3,179
out-of-service for twenty-four hours, in addition to any 3,180
disqualification required by this section and any other penalty 3,181
imposed by the Revised Code. 3,182
(B) The registrar of motor vehicles shall disqualify any 3,184
person from operating a commercial motor vehicle as follows: 3,185
(1) Upon a first conviction for a violation of divisions 3,187
76
(B) to (G) of section 4506.15 of the Revised Code or a similar 3,188
law of another state or a foreign jurisdiction, one year, in 3,189
addition to any other penalty imposed by the Revised Code; 3,190
(2) Upon a first conviction for a violation of division 3,192
(H) of section 4506.15 of the Revised Code or a similar law of 3,193
another state or a foreign jurisdiction, three years, in addition 3,194
to any other penalty imposed by the Revised Code; 3,195
(3) Upon a second conviction for a violation of divisions 3,197
(B) to (G) of section 4506.15 of the Revised Code or a similar 3,198
law of another state or a foreign jurisdiction, or any 3,199
combination of such violations arising from two or more separate 3,200
incidents, the person shall be disqualified for life or for any 3,201
other period of time as determined by the United States secretary 3,202
of transportation and designated by the director of public safety 3,203
by rule, in addition to any other penalty imposed by the Revised 3,204
Code; 3,205
(4) Upon conviction of a violation of division (E) of 3,207
section 4506.15 of the Revised Code or a similar law of another 3,208
state or a foreign jurisdiction in connection with the 3,209
manufacture, distribution, or dispensing of a controlled 3,210
substance or the possession with intent to manufacture, 3,211
distribute, or dispense a controlled substance, the person shall 3,212
be disqualified for life, in addition to any other penalty 3,213
imposed by the Revised Code; 3,214
(5) Upon conviction of two serious traffic violations 3,216
involving the operation of a commercial motor vehicle by the 3,217
person and arising from separate incidents occurring in a 3,218
three-year period, the person shall be disqualified for sixty 3,219
days, in addition to any other penalty imposed by the Revised 3,220
Code; 3,221
(6) Upon conviction of three serious traffic violations 3,223
involving the operation of a commercial motor vehicle by the 3,224
person and arising from separate incidents occurring in a 3,225
three-year period, the person shall be disqualified for one 3,226
77
hundred twenty days, in addition to any other penalty imposed by 3,227
the Revised Code. 3,228
(C) For the purposes of this section, conviction of a 3,230
violation for which disqualification is required may be evidenced 3,231
by any of the following: 3,232
(1) A judgment entry of a court of competent jurisdiction 3,234
IN THIS OR ANY OTHER STATE; 3,235
(2) An administrative order of a state agency OF A STATE 3,237
OTHER THAN OHIO having statutory jurisdiction over commercial 3,239
drivers;
(3) A computer record obtained from or through the 3,241
commercial driver's license information system; 3,242
(4) A computer record obtained from or through a state 3,244
agency OF A STATE OTHER THAN OHIO having statutory jurisdiction 3,246
over commercial drivers or the records of commercial drivers. 3,247
(D) Any record described in division (C) of this section 3,249
shall be deemed to be self-authenticating when it is received by 3,250
the bureau of motor vehicles. 3,251
(E) When disqualifying a driver, the registrar shall cause 3,253
the records of the bureau to be updated to reflect that action 3,254
within ten days after it occurs. 3,255
(F) The registrar immediately shall notify a driver who is 3,257
finally convicted of any offense described in section 4506.15 of 3,258
the Revised Code or division (B)(4), (5), or (6) of this section 3,259
and thereby is subject to disqualification, of the offense or 3,260
offenses involved, of the length of time for which 3,261
disqualification is to be imposed, and that the driver may 3,262
request a hearing within thirty days of the mailing of the notice 3,263
to show cause why he THE DRIVER should not be disqualified from 3,264
operating a commercial motor vehicle. If a request for such a 3,266
hearing is not made within thirty days of the mailing of the 3,267
notice, the order of disqualification is final. The registrar 3,268
may designate hearing examiners who, after affording all parties 3,269
reasonable notice, shall conduct a hearing to determine whether 3,270
78
the disqualification order is supported by reliable evidence. 3,271
The registrar shall adopt rules to implement this division. 3,272
(G) Any person who is disqualified from operating a 3,274
commercial motor vehicle under this section may apply to the 3,275
registrar for a driver's license to operate a motor vehicle other 3,276
than a commercial motor vehicle, provided the person's commercial 3,277
driver's license is not otherwise suspended or revoked. A person 3,278
whose commercial driver's license is suspended or revoked shall 3,279
not apply to the registrar for or receive a driver's license 3,280
under Chapter 4507. of the Revised Code during the period of 3,281
suspension or revocation. 3,282
Sec. 4506.17. (A) Any person who drives a commercial 3,291
motor vehicle within this state shall be deemed to have given 3,292
consent to a test or tests of his THE PERSON'S blood, breath, or 3,293
urine for the purpose of determining his THE PERSON'S alcohol 3,295
concentration or the presence of any controlled substance. 3,297
(B) A test or tests as provided in division (A) of this 3,299
section may be administered at the direction of a peace officer 3,300
having reasonable ground to stop or detain the person and, after 3,301
investigating the circumstances surrounding the operation of the 3,302
commercial motor vehicle, also having reasonable ground to 3,303
believe the person was driving the COMMERCIAL vehicle in 3,304
violation of section 4506.15 of the Revised Code WHILE HAVING A 3,307
MEASURABLE OR DETECTABLE AMOUNT OF ALCOHOL OR OF A CONTROLLED 3,308
SUBSTANCE IN THE PERSON'S BLOOD, BREATH, OR URINE. Any such test 3,309
shall be given within two hours of the time of the alleged 3,310
violation.
(C) A person requested to submit to a test under division 3,312
(A) of this section shall be advised by the peace officer 3,313
requesting the test that a refusal to submit to the test will 3,314
result in the person immediately being placed out-of-service for 3,315
a period of twenty-four hours and being disqualified from 3,316
operating a commercial motor vehicle for a period of not less 3,317
than one year, and that the person is required to surrender his 3,318
79
THE PERSON'S commercial driver's license to the peace officer. 3,320
(D) If a person refuses to submit to a test after being 3,322
warned as provided in division (C) of this section or submits to 3,323
a test that discloses the presence of a controlled substance or 3,324
an alcohol concentration of four-hundredths of one per cent or 3,325
more, the provisions of division (B)(1) or (3) of section 4506.16 3,326
of the Revised Code apply and the person also shall immediately 3,327
SHALL surrender his THE PERSON'S commercial driver's license to 3,329
the peace officer. The peace officer shall forward the license, 3,331
together with a sworn report, to the registrar of motor vehicles 3,332
certifying that the test was requested pursuant to division (A) 3,333
of this section and that the person either refused to submit to 3,334
testing or submitted to a test that disclosed the presence of a 3,335
controlled substance or an alcohol concentration of 3,336
four-hundredths of one per cent or more. The form and contents 3,337
of the report required by this section shall be established by 3,338
the registrar by rule, but shall contain the advice to be read to 3,339
the driver and a statement to be signed by him THE DRIVER 3,340
acknowledging that he THE DRIVER has been read the advice and 3,342
that the form was shown to him THE DRIVER.
(E) Upon receipt of a sworn report from a peace officer as 3,344
provided in division (D) of this section, the registrar shall 3,345
disqualify the person named in the report from driving a 3,346
commercial motor vehicle for the period required by section 3,347
4506.16 of the Revised Code DESCRIBED BELOW: 3,349
(1) UPON A FIRST INCIDENT, ONE YEAR; 3,351
(2) UPON AN INCIDENT OF REFUSAL OR OF A PROHIBITED 3,353
CONCENTRATION OF ALCOHOL AFTER ONE OR MORE PREVIOUS INCIDENTS OF 3,354
EITHER REFUSAL OR OF A PROHIBITED CONCENTRATION OF ALCOHOL, THE 3,355
PERSON SHALL BE DISQUALIFIED FOR LIFE OR SUCH LESSER PERIOD AS 3,356
PRESCRIBED BY RULE BY THE REGISTRAR.
(F) A blood test given under this section shall comply 3,358
with the applicable provisions of division (D) of section 4511.19 3,360
of the Revised Code and any physician, registered nurse, or 3,361
80
qualified technician or chemist who withdraws blood from a person 3,362
under this section, and any hospital, first-aid station, or 3,363
clinic at which blood is withdrawn from a person pursuant to this 3,364
section, is immune from criminal liability, and from civil
liability that is based upon a claim of assault and battery or 3,365
based upon any other claim of malpractice, for any act performed 3,366
in withdrawing blood from the person. 3,367
(G) When a person submits to a test under this section, 3,369
the results of the test, at his THE PERSON'S request, shall be 3,370
made available to him THE PERSON, his THE PERSON'S attorney, or 3,372
his THE PERSON'S agent, immediately upon completion of the 3,375
chemical test analysis. The person also may have an additional 3,376
test administered by a physician, a registered nurse, or a 3,377
qualified technician or chemist of his THE PERSON'S own choosing 3,378
as provided in division (D) of section 4511.19 of the Revised 3,379
Code for tests administered under that section, and the failure 3,380
to obtain such a test has the same effect as in that division. 3,381
(H) No person shall refuse to immediately surrender his 3,383
THE PERSON'S commercial driver's license to a peace officer when 3,385
required to do so by this section. 3,386
(I) A peace officer issuing an out-of-service order or 3,388
receiving a commercial driver's license surrendered under this 3,389
section may remove or arrange for the removal of any commercial 3,390
motor vehicle affected by the issuance of that order or the 3,391
surrender of that license. 3,392
(J)(1) Except for civil actions arising out of the 3,394
operation of a motor vehicle and civil actions in which the state 3,395
is a plaintiff, no peace officer of any law enforcement agency 3,396
within this state is liable in compensatory damages in any civil 3,397
action that arises under the Revised Code or common law of this 3,398
state for an injury, death, or loss to person or property caused 3,399
in the performance of his OFFICIAL duties under this section and 3,400
rules adopted under this section, unless the officer's actions 3,402
were manifestly outside the scope of his THE OFFICER'S employment 3,403
81
or official responsibilities, or unless the officer acted with 3,405
malicious purpose, in bad faith, or in a wanton or reckless 3,406
manner.
(2) Except for civil actions that arise out of the 3,408
operation of a motor vehicle and civil actions in which the state 3,409
is a plaintiff, no peace officer of any law enforcement agency 3,410
within this state is liable in punitive or exemplary damages in 3,411
any civil action that arises under the Revised Code or common law 3,412
of this state for any injury, death, or loss to person or 3,413
property caused in the performance of his OFFICIAL duties under 3,414
this section of the Revised Code and rules adopted under this 3,416
section, unless the officer's actions were manifestly outside the 3,417
scope of his THE OFFICER'S employment or official 3,418
responsibilities, or unless the officer acted with malicious 3,420
purpose, in bad faith, or in a wanton or reckless manner. 3,421
(K) WHEN DISQUALIFYING A DRIVER, THE REGISTRAR SHALL CAUSE 3,424
THE RECORDS OF THE BUREAU OF MOTOR VEHICLES TO BE UPDATED TO
REFLECT THE DISQUALIFICATION WITHIN TEN DAYS AFTER IT OCCURS. 3,425
(L) THE REGISTRAR IMMEDIATELY SHALL NOTIFY A DRIVER WHO IS 3,428
SUBJECT TO DISQUALIFICATION OF THE DISQUALIFICATION, OF THE 3,429
LENGTH OF THE DISQUALIFICATION, AND THAT THE DRIVER MAY REQUEST A
HEARING WITHIN THIRTY DAYS OF THE MAILING OF THE NOTICE TO SHOW 3,430
CAUSE WHY THE DRIVER SHOULD NOT BE DISQUALIFIED FROM OPERATING A 3,431
COMMERCIAL MOTOR VEHICLE. IF A REQUEST FOR SUCH A HEARING IS NOT 3,432
MADE WITHIN THIRTY DAYS OF THE MAILING OF THE NOTICE, THE ORDER 3,434
OF DISQUALIFICATION IS FINAL. THE REGISTRAR MAY DESIGNATE
HEARING EXAMINERS WHO, AFTER AFFORDING ALL PARTIES REASONABLE 3,435
NOTICE, SHALL CONDUCT A HEARING TO DETERMINE WHETHER THE 3,436
DISQUALIFICATION ORDER IS SUPPORTED BY RELIABLE EVIDENCE. THE 3,437
REGISTRAR SHALL ADOPT RULES TO IMPLEMENT THIS DIVISION. 3,438
(M) ANY PERSON WHO IS DISQUALIFIED FROM OPERATING A 3,441
COMMERCIAL MOTOR VEHICLE UNDER THIS SECTION MAY APPLY TO THE
REGISTRAR FOR A DRIVER'S LICENSE TO OPERATE A MOTOR VEHICLE OTHER 3,442
THAN A COMMERCIAL MOTOR VEHICLE, PROVIDED THE PERSON'S COMMERCIAL 3,443
82
DRIVER'S LICENSE IS NOT OTHERWISE SUSPENDED OR REVOKED. A PERSON 3,444
WHOSE COMMERCIAL DRIVER'S LICENSE IS SUSPENDED OR REVOKED SHALL 3,445
NOT APPLY TO THE REGISTRAR FOR OR RECEIVE A DRIVER'S LICENSE 3,446
UNDER CHAPTER 4507. OF THE REVISED CODE DURING THE PERIOD OF 3,448
SUSPENSION OR REVOCATION.
Sec. 4507.01. (A) As used in this chapter, "motor 3,457
vehicle," "motorized bicycle," "state," "owner," "operator," 3,458
"chauffeur," and "highways" have the same meanings as in section 3,459
4501.01 of the Revised Code. 3,460
"Driver's license" means a class D license issued to any 3,462
person to operate a motor vehicle or motor-driven cycle, other 3,463
than a commercial motor vehicle, and includes "probationary 3,464
license," "restricted license," and any operator's or chauffeur's 3,465
license issued before January 1, 1990. 3,466
"Probationary license" means the license issued to any 3,468
person between sixteen and eighteen years of age to operate a 3,469
motor vehicle. 3,470
"Restricted license" means the license issued to any person 3,472
to operate a motor vehicle subject to conditions or restrictions 3,473
imposed by the registrar OF MOTOR VEHICLES. 3,474
"Commercial driver's license" means the license issued to a 3,476
person under Chapter 4506. of the Revised Code to operate a 3,477
commercial motor vehicle. 3,478
"Commercial motor vehicle" has the same meaning as in 3,480
section 4506.01 of the Revised Code. 3,481
"Motorized bicycle license" means the license issued under 3,483
section 4511.521 of the Revised Code to any person to operate a 3,484
motorized bicycle including a "probationary motorized bicycle 3,485
license." 3,486
"Probationary motorized bicycle license" means the license 3,488
issued under section 4511.521 of the Revised Code to any person 3,489
between fourteen and sixteen years of age to operate a motorized 3,490
bicycle. 3,491
"Identification card" means a card issued under sections 3,493
83
4507.50 and 4507.51 of the Revised Code. 3,494
"RESIDENT" MEANS A PERSON WHO, IN ACCORDANCE WITH STANDARDS 3,497
PRESCRIBED IN RULES ADOPTED BY THE REGISTRAR, RESIDES IN THIS
STATE ON A PERMANENT BASIS. 3,498
"TEMPORARY RESIDENT" MEANS A PERSON WHO, IN ACCORDANCE WITH 3,501
STANDARDS PRESCRIBED IN RULES ADOPTED BY THE REGISTRAR, RESIDES 3,502
IN THIS STATE ON A TEMPORARY BASIS.
(B) In the administration of this chapter and Chapter 3,504
4506. of the Revised Code, the registrar of motor vehicles has 3,505
the same authority as is conferred on the registrar by section 3,506
4501.02 of the Revised Code. Any act of an authorized deputy 3,507
registrar of motor vehicles under direction of the registrar is 3,508
deemed the act of the registrar. 3,509
To carry out this chapter, the registrar shall appoint such 3,511
deputy registrars in each county as are necessary. 3,512
The registrar shall also SHALL provide at each place where 3,514
an application for a driver's or commercial driver's license or 3,515
identification card may be made the necessary equipment to take a 3,516
color photograph of the applicant for such license or card as 3,517
required under section 4506.11 or 4507.06 of the Revised Code, 3,518
and to conduct the vision screenings required by section 4507.12 3,519
of the Revised Code, and equipment to laminate licenses, 3,520
motorized bicycle licenses, and identification cards as required 3,521
by sections 4507.13, 4507.52, and 4511.521 of the Revised Code. 3,522
The registrar shall assign one or more deputy registrars to 3,524
any driver's license examining station operated under the 3,525
supervision of the state highway patrol, whenever the registrar 3,526
considers such assignment possible. Space shall be provided in 3,527
the driver's license examining station for any such deputy 3,528
registrar so assigned. The deputy registrar REGISTRARS shall not 3,530
exercise the powers conferred by such sections upon the
registrar, unless they are specifically authorized to exercise 3,531
such powers by such sections. 3,532
(C) No agent for any insurance company, writing automobile 3,534
84
insurance, shall be appointed deputy registrar, and any such 3,535
appointment is void. No deputy registrar shall in any manner 3,536
solicit any form of automobile insurance, nor in any manner 3,537
advise, suggest, or influence any licensee or applicant for 3,538
license for or against any kind or type of automobile insurance, 3,539
insurance company, or agent, nor have his THE DEPUTY REGISTRAR'S 3,540
office directly connected with the office of any automobile 3,541
insurance agent, nor impart any information furnished by any 3,542
applicant for a license or identification card to any person, 3,543
except the registrar. This division shall not apply to any 3,544
nonprofit corporation appointed deputy registrar. 3,545
(D) The registrar shall immediately remove a deputy 3,547
registrar who violates the requirements of this chapter. 3,548
(E) The registrar shall periodically solicit bids and 3,550
enter into a contract for the provision of laminating equipment 3,551
and laminating materials to the registrar and all deputy 3,552
registrars. The registrar shall not consider any bid that does 3,553
not provide for the supplying of both laminating equipment and 3,554
laminating materials. The laminating materials selected shall 3,555
contain a security feature so that any tampering with the 3,556
laminating material covering a license or identification card is 3,557
readily apparent. In soliciting bids and entering into a 3,558
contract for the provision of laminating equipment and laminating 3,559
materials, the registrar shall observe all procedures required by 3,560
law. 3,561
Sec. 4507.012. AS USED IN THE REVISED CODE, "SUSPENSION" 3,563
OR "REVOCATION," WHEN APPLIED TO A DRIVER'S LICENSE, MEANS, 3,564
UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE, THE WITHDRAWAL 3,565
FROM A RESIDENT, TEMPORARY RESIDENT, OR NONRESIDENT OF THE 3,566
PRIVILEGE TO OPERATE A MOTOR VEHICLE UPON A STREET OR HIGHWAY IN 3,567
THIS STATE. THE WITHDRAWAL OF THE PRIVILEGE FROM A PERSON CAUSES 3,568
THE PERSON TO BE INELIGIBLE FOR THE PRIVILEGE DURING THE ENTIRE 3,569
PERIOD OF THE SUSPENSION OR REVOCATION AND ALSO INCLUDES ANY 3,570
PERIOD DURING WHICH THE RESIDENT, TEMPORARY RESIDENT, OR 3,571
85
NONRESIDENT EITHER HAS NOT PAID ANY APPLICABLE DRIVER'S LICENSE 3,572
REINSTATEMENT FEE OR HAS NOT COMPLIED WITH ANY OTHER REQUIREMENT 3,573
GOVERNING LICENSE REINSTATEMENT. 3,574
Sec. 4507.02. (A)(1) No person, except those expressly 3,583
exempted under sections 4507.03, 4507.04, and 4507.05 of the 3,584
Revised Code, shall operate any motor vehicle upon a highway or 3,585
any public or private property used by the public for purposes of 3,586
vehicular travel or parking in this state unless the person has a 3,587
valid driver's license issued under this chapter or a commercial 3,588
driver's license issued under Chapter 4506. of the Revised Code. 3,589
(2) No person shall permit the operation of a motor 3,591
vehicle upon any public or private property used by the public 3,592
for purposes of vehicular travel or parking knowing the operator 3,593
does not have a valid driver's license issued to the operator by 3,594
the registrar of motor vehicles under this chapter or a valid 3,595
commercial driver's license issued under Chapter 4506. of the 3,596
Revised Code. 3,597
(3) No person, except a person expressly exempted under 3,599
sections 4507.03, 4507.04, and 4507.05 of the Revised Code, shall 3,600
operate any motorcycle upon a highway or any public or private 3,601
property used by the public for purposes of vehicular travel or 3,602
parking in this state unless the person has a valid license as a 3,603
motorcycle operator, that was issued upon application by the 3,604
registrar under this chapter. The license shall be in the form 3,605
of an endorsement, as determined by the registrar, upon a 3,606
driver's or commercial driver's license, if the person has a 3,607
valid license to operate a motor vehicle or commercial motor 3,608
vehicle, or in the form of a restricted license as provided in 3,609
section 4507.14 of the Revised Code, if the person does not have 3,610
a valid license to operate a motor vehicle or commercial motor 3,611
vehicle. 3,612
(4) No person shall receive a driver's license, or a 3,614
motorcycle operator's endorsement of a driver's or commercial 3,615
driver's license, unless and until he THE PERSON surrenders to 3,616
86
the registrar all valid licenses issued to him THE PERSON by 3,618
another jurisdiction recognized by this state. All surrendered 3,620
licenses shall be returned by the registrar to the issuing 3,621
authority, together with information that a license is now issued 3,622
in this state. No person shall be permitted to have more than 3,623
one valid license at any time. 3,624
(B)(1) No person, whose driver's or commercial driver's 3,626
license or permit or nonresident's operating privilege has been 3,627
suspended or revoked pursuant to Chapter 4509. of the Revised 3,628
Code, shall operate any motor vehicle within this state, or 3,629
knowingly permit any motor vehicle owned by him THE PERSON to be 3,630
operated by another person in the state, during the period of the 3,632
suspension or revocation, except as specifically authorized by 3,633
Chapter 4509. of the Revised Code. No person shall operate a 3,634
motor vehicle within this state, or knowingly permit any motor 3,635
vehicle owned by him THE PERSON to be operated by another person 3,636
in the state, during the period in which he THE PERSON is 3,638
required by section 4509.45 of the Revised Code to file and 3,640
maintain proof of financial responsibility for a violation of 3,641
section 4509.101 of the Revised Code, unless proof of financial 3,642
responsibility is maintained with respect to that vehicle. 3,643
(2) No person shall operate any motor vehicle upon a 3,645
highway or any public or private property used by the public for 3,646
purposes of vehicular travel or parking in this state in 3,647
violation of any restriction of the person's driver's or 3,648
commercial driver's license imposed under division (D) of section 3,649
4506.10 or section 4507.14 of the Revised Code. 3,650
(C) No person, whose driver's or commercial driver's 3,652
license or permit has been suspended pursuant to section 3,653
4511.191, section 4511.196, or division (B) of section 4507.16 of 3,654
the Revised Code, shall operate any motor vehicle within this 3,655
state until he THE PERSON has paid the license reinstatement fee 3,656
required pursuant to division (L) of section 4511.191 of the 3,658
Revised Code and the license or permit has been returned to the 3,659
87
person or a new license or permit has been issued to the person. 3,660
(D)(1) No person, whose driver's or commercial driver's 3,662
license or permit or nonresident operating privilege has been 3,663
suspended or revoked under any provision of the Revised Code 3,664
other than Chapter 4509. of the Revised Code or under any 3,665
applicable law in any other jurisdiction in which the person's 3,666
license or permit was issued, shall operate any motor vehicle 3,667
upon the highways or streets within this state during the period 3,668
of the suspension or within one year after the date of the 3,669
revocation. No person who is granted occupational driving 3,670
privileges by any court shall operate any motor vehicle upon the 3,671
highways or streets in this state except in accordance with the 3,672
terms of the privileges. 3,673
(2) No person, whose driver's or commercial driver's 3,675
license or permit or nonresident operating privilege has been 3,676
suspended under division (B) of section 4507.16 of the Revised 3,677
Code, shall operate any motor vehicle upon the highways or 3,678
streets within this state during the period of suspension. No 3,679
person who is granted occupational driving privileges by any 3,680
court shall operate any motor vehicle upon the highways or 3,681
streets in this state except in accordance with the terms of 3,682
those privileges. 3,683
(E) It is an affirmative defense to any prosecution 3,685
brought pursuant to division (B), (C), or (D) of this section 3,686
that the alleged offender drove under suspension or in violation 3,687
of a restriction because of a substantial emergency, provided 3,688
that no other person was reasonably available to drive in 3,689
response to the emergency. 3,690
(F)(1) If a person is convicted of a violation of division 3,692
(B), (C), or (D) of this section, the trial judge of any court, 3,693
in addition to or independent of, any other penalties provided by 3,694
law or ordinance, shall impound the identification license plates 3,695
of any motor vehicle registered in the name of the person. The 3,696
court shall send the impounded license plates to the registrar, 3,697
88
who may retain the license plates until the driver's or 3,698
commercial driver's license of the owner has been reinstated or 3,699
destroy them pursuant to section 4503.232 of the Revised Code. 3,700
If the license plates of a person convicted of a violation 3,702
of division (B), (C), or (D) of this section have been impounded 3,703
in accordance with the provisions of this division, the court 3,704
shall notify the registrar of that action. The notice shall 3,705
contain the name and address of the driver, the serial number of 3,706
his THE DRIVER'S driver's or commercial driver's license, the 3,707
serial numbers of the license plates of the motor vehicle, and 3,709
the length of time for which the license plates have been 3,710
impounded. The registrar shall record the data in the notice as 3,711
part of the driver's permanent record. 3,712
(2) Any motor vehicle owner who has had the license plates 3,714
of a motor vehicle impounded pursuant to division (F)(1) of this 3,715
section may apply to the registrar, or to a deputy registrar, for 3,716
special license plates which shall conform to the requirements of 3,717
section 4503.231 of the Revised Code. The registrar or deputy 3,718
registrar forthwith shall notify the court of the application 3,719
and, upon approval of the court, shall issue special license 3,720
plates to the applicant. Until the driver's or commercial 3,721
driver's license of the owner is reinstated, any new license 3,722
plates issued to him THE OWNER also shall conform to the 3,723
requirements of section 4503.231 of the Revised Code. 3,725
A fee of two dollars and fifty cents THE REGISTRAR OR 3,727
DEPUTY REGISTRAR shall be charged CHARGE THE OWNER OF A VEHICLE 3,728
THE FEES PROVIDED IN SECTION 4503.19 OF THE REVISED CODE for 3,729
every set of special license plates that are issued in accordance 3,730
with this division, except upon renewal as specified in section 3,731
4503.10 of the Revised Code, when the regular fee as provided in 3,732
section 4503.04 of the Revised Code shall be charged. Whenever a 3,733
set of THE REGISTRAR OR DEPUTY REGISTRAR SHALL CHARGE THE OWNER 3,734
OF A VEHICLE THE FEES PROVIDED IN SECTION 4503.19 OF THE REVISED 3,735
CODE WHENEVER special license plates is ARE exchanged, by reason 3,736
89
of the reinstatement of the driver's or commercial driver's 3,737
license of the owner, for those ordinarily issued, no fee shall 3,738
be charged.
(3) If an owner wishes to sell a motor vehicle during the 3,740
time the special license plates provided under division (F)(2) of 3,741
this section are in use, he THE OWNER may apply to the court that 3,743
impounded the license plates of the motor vehicle for permission 3,744
to transfer title to the motor vehicle. If the court is 3,745
satisfied that the sale will be made in good faith and not for 3,746
the purpose of circumventing the provisions of this section, it 3,747
may certify its consent to the owner and to the registrar of 3,748
motor vehicles who shall enter notice of the transfer of the 3,749
title of the motor vehicle in the vehicle registration record. 3,750
If, during the time the special license plates provided 3,752
under division (F)(2) of this section are in use, the title to a 3,753
motor vehicle is transferred by the foreclosure of a chattel 3,754
mortgage, a sale upon execution, the cancellation of a 3,755
conditional sales contract, or by order of a court, the court 3,756
shall notify the registrar of the action and the registrar shall 3,757
enter notice of the transfer of the title to the motor vehicle in 3,758
the vehicle registration record. 3,759
(G) This section is not intended to change or modify any 3,761
provision of Chapter 4503. of the Revised Code with respect to 3,762
the taxation of motor vehicles or the time within which the taxes 3,763
on motor vehicles shall be paid. 3,764
Sec. 4507.021. (A) Every county court judge, mayor of a 3,773
mayor's court, and clerk of a court of record shall keep a full 3,774
record of every case in which a person is charged with any 3,775
violation of sections 4511.01 to 4511.771, 4511.99, and 4513.01 3,776
to 4513.36 of the Revised Code, or of any other law or ordinance 3,777
regulating the operation of vehicles, streetcars, and trackless 3,778
trolleys on highways or streets. 3,779
A United States district court whose jurisdiction lies 3,782
within this state may keep a full record of every case in which a 3,783
90
person is charged with any violation of sections 4511.01 to 3,784
4511.771, 4511.99, and 4513.01 to 4513.36 of the Revised Code, or 3,785
of any other law or ordinance regulating the operation of 3,786
vehicles, streetcars, and trackless trolleys on highways or 3,787
streets located on federal property within this state. 3,788
(B) If a person is convicted of or forfeits bail in 3,790
relation to a violation of any section listed in division (A) of 3,791
this section or a violation of any other law or ordinance 3,792
regulating the operation of vehicles, streetcars, and trackless 3,793
trolleys on highways or streets, the county court judge, mayor of 3,794
a mayor's court, or clerk, within ten days after the conviction 3,795
or bail forfeiture, shall prepare and immediately forward to the 3,796
bureau of motor vehicles an abstract, certified by the preparer 3,797
to be true and correct, of the court record covering the case in 3,798
which the person was convicted or forfeited bail. 3,799
If a person is convicted of or forfeits bail in relation to 3,802
a violation of any section listed in division (A) of this section
or a violation of any other law or ordinance regulating the 3,803
operation of vehicles, streetcars, and trackless trolleys on 3,804
highways or streets, a United States district court whose 3,805
jurisdiction lies within this state, within ten days after the 3,806
conviction or bail forfeiture, may prepare and immediately 3,807
forward to the bureau an abstract, certified by the preparer to 3,808
be true and correct, of the court record covering the case in 3,809
which the person was convicted or forfeited bail. 3,810
(C)(1) Each abstract required by division (B) of this 3,812
section shall be made upon a form approved and furnished by the 3,813
bureau and shall include the name and address of the person 3,814
charged, the number of the person's the party's driver's or 3,815
commercial driver's license, the registration number of the 3,816
vehicle involved, the nature of the offense, the date of the 3,817
offense, the date of hearing, the plea, the judgment, or whether 3,818
bail was forfeited, and the amount of the fine or forfeiture. 3,819
If a United States district court whose jurisdiction lies 3,822
91
within this state utilizes the provision contained in division 3,823
(B) of this section and forwards an abstract to the bureau, on a 3,824
form approved and furnished by the bureau, containing all the 3,825
information prescribed in division (C)(1) of this section, the 3,826
bureau shall accept and process the abstract in the same manner 3,827
as it accepts and processes an abstract received from a county 3,828
judge, mayor of a mayor's court, or clerk of a court of record. 3,829
(2)(a) If a person is charged with a violation of section 3,831
4511.19 of the Revised Code or a violation of any ordinance 3,832
relating to operating a vehicle while under the influence of 3,833
alcohol, a drug of abuse, or alcohol and a drug of abuse or 3,834
relating to operating a vehicle with a prohibited concentration 3,835
of alcohol in the blood, breath, or urine; if that charge is 3,836
dismissed or reduced; if the person is convicted of or forfeits 3,837
bail in relation to a violation of any other section of the 3,838
Revised Code or of any ordinance that regulates the operation of 3,839
vehicles, streetcars, and trackless trolleys on highways and 3,840
streets but that does not relate to operating a vehicle while 3,841
under the influence of alcohol, a drug of abuse, or alcohol and a 3,842
drug of abuse or to operating a vehicle with a prohibited 3,843
concentration of alcohol in the blood, breath, or urine; and if 3,844
the violation of which the person was convicted or in relation to 3,845
which the person forfeited bail arose out of the same facts and 3,846
circumstances and the same act as did the charge that was 3,847
dismissed or reduced, the abstract also shall set forth the 3,848
charge that was dismissed or reduced, indicate that it was 3,849
dismissed or reduced, and indicate that the violation resulting 3,850
in the conviction or bail forfeiture arose out of the same facts 3,851
and circumstances and the same act as did the charge that was 3,852
dismissed or reduced. 3,853
(b) If a charge against a person of a violation of 3,855
division (B)(1) or (D)(2) of section 4507.02 of the Revised Code 3,856
or any municipal ordinance that is substantially equivalent to 3,857
that division is dismissed or reduced and if the person is 3,858
92
convicted of or forfeits bail in relation to a violation of any 3,859
other section of the Revised Code or any other ordinance that 3,860
regulates the operation of vehicles, streetcars, and trackless 3,861
trolleys on highways and streets that arose out of the same facts 3,862
and circumstances as did the charge that was dismissed or 3,863
reduced, the abstract also shall set forth the charge that was 3,864
dismissed or reduced, indicate that it was dismissed or reduced, 3,865
and indicate that the violation resulting in the conviction or 3,866
bail forfeiture arose out of the same facts and circumstances and 3,867
the same act as did the charge that was dismissed or reduced. 3,868
(3) If a person was convicted of or pleaded guilty to a 3,870
violation of division (B)(1) or (D)(2) of section 4507.02 of the 3,871
Revised Code, a substantially equivalent municipal ordinance, 3,872
section 4507.33 or division (A) of section 4511.19 of the Revised 3,873
Code, or a municipal ordinance relating to operating a vehicle 3,875
while under the influence of alcohol, a drug of abuse, or alcohol 3,876
and a drug of abuse or with a prohibited concentration of alcohol 3,877
in the blood, breath, or urine, and division (E) of section 3,878
4503.234 of the Revised Code prohibits the registrar of motor 3,879
vehicles and all deputy registrars from accepting an application 3,881
for the registration of, or registering, any motor vehicle in the 3,882
name of that person, the abstract shall specifically set forth 3,883
these facts and clearly indicate the date on which the order of 3,884
criminal forfeiture was issued or would have been issued but for 3,885
the operation of division (C) of section 4503.234 or section 3,886
4503.235 of the Revised Code. If the registrar receives an 3,887
abstract containing this information relating to a person, the 3,888
registrar, in accordance with sections 4503.12 and 4503.234 of 3,889
the Revised Code, shall take all necessary measures to prevent 3,890
the registrar's office or any deputy registrar from accepting 3,892
from the person, for the period of time ending five years after 3,893
the date on which the order was issued or would have been issued 3,894
and as described in division (E) of section 4503.234 of the 3,895
Revised Code, any new application for the registration of any 3,896
93
motor vehicle in the name of the person. 3,897
(D)(1) Every court of record also shall forward to the 3,899
bureau an abstract of the court record as described in division 3,900
(C) of this section upon the conviction of any person of 3,901
aggravated vehicular homicide or vehicular homicide or of a 3,902
felony in the commission of which a vehicle was used. 3,903
A United States district court whose jurisdiction lies 3,906
within this state also may forward to the bureau an abstract as 3,907
described in division (C) of this section upon the conviction of 3,908
any person of aggravated vehicular homicide or vehicular homicide 3,909
or of a felony in the commission of which a vehicle was used. 3,910
(2)(a) If a child has been adjudicated an unruly or 3,912
delinquent child or a juvenile traffic offender for having 3,913
committed any act that if committed by an adult would be a drug 3,914
abuse offense, as defined in section 2925.01 of the Revised Code, 3,915
or any violation of division (B) of section 2917.11 or of section 3,916
4511.19 of the Revised Code, the court shall notify the bureau, 3,917
by means of an abstract of the court record as described in 3,918
divisions (B) and (C) of this section, within ten days after the 3,919
adjudication.
(b) If a court requires a child as provided in division 3,921
(D)(2)(a) of this section to attend a drug abuse or alcohol abuse 3,922
education, intervention, or treatment program, the abstract 3,923
required by that division and forwarded to the bureau also shall 3,924
include the name and address of the operator of the program and 3,925
the date that the child entered the program. If the child 3,926
satisfactorily completes the program, the court, immediately upon 3,928
receipt of such information, shall send to the bureau an updated
abstract that also shall contain the date on which the child 3,929
satisfactorily completed the program. 3,930
(E) The purposeful failure or refusal of the officer to 3,932
comply with this section constitutes misconduct in office and is 3,933
a ground for removal from the office. 3,934
(F) The bureau shall record within ten days and keep all 3,936
94
abstracts received under this section at its main office and 3,937
shall maintain records of convictions and bond forfeitures for 3,938
any violation of law or ordinance regulating the operation of 3,939
vehicles, streetcars, and trackless trolleys on highways and 3,940
streets, except as to parking a motor vehicle. The bureau also 3,941
shall record any abstract of a case involving a first violation 3,942
of division (D) of section 4511.21 of the Revised Code, whether 3,943
or not points are to be assessed therefor, in such a manner that 3,944
it becomes a part of the person's permanent record and assists a 3,945
court in monitoring the assessment of points under division (G) 3,946
of this section. 3,947
(G) Every court of record or mayor's court before which a 3,949
person is charged with a violation for which points are 3,950
chargeable by this section shall assess and transcribe to the 3,951
abstract of conviction report, furnished by the bureau, the 3,952
number of points chargeable by this section in the correct space 3,953
assigned on the reporting form. A United States district court 3,955
whose jurisdiction lies within this state and before whom a 3,956
person is charged with a violation for which points are 3,957
chargeable by this section may assess and transcribe to the 3,958
abstract of conviction report, furnished by the bureau, the 3,959
number of points chargeable by this section in the correct space 3,960
assigned on the reporting form. If the court so assesses and 3,961
transcribes to the abstract of conviction report the number of 3,962
points chargeable, the bureau shall record the points in the same 3,963
manner as those assessed and transcribed by every court of record 3,964
or mayor's court of this state. The points shall be assessed 3,965
based on the following formula: 3,966
(1) Violation of division (B), (C), or (D) of section 3,968
4507.02 of the Revised Code or any ordinance prohibiting the 3,969
operation of a motor vehicle while the driver's or commercial 3,970
driver's license is under suspension or revocation ..... 6 points 3,971
(2) Violation of section 2913.03 of the Revised Code, 3,973
except the provisions relating to use or operation of an aircraft 3,974
95
or motorboat, or any ordinance prohibiting the operation of a 3,975
vehicle without the consent of the owner ............... 6 points 3,976
(3) Aggravated vehicular homicide or vehicular homicide, 3,978
when either involves the operation of a vehicle, streetcar, or 3,979
trackless trolley on a highway or street ............... 6 points 3,980
(4) Violation of division (A) of section 4511.19 of the 3,982
Revised Code, any ordinance prohibiting the operation of a 3,983
vehicle while under the influence of alcohol, a drug of abuse, or 3,984
alcohol and a drug of abuse, or any ordinance substantially 3,985
equivalent to division (A) of section 4511.19 of the Revised Code 3,986
prohibiting the operation of a vehicle with a prohibited 3,987
concentration of alcohol in the blood, breath, or urine 3,988
........................................................ 6 points 3,990
(5) Violation of section 4549.02 or 4549.021 of the 3,992
Revised Code or any ordinance requiring the driver of a vehicle 3,993
to stop and disclose identity at the scene of an accident 3,994
........................................................ 6 points 3,996
(6) Violation of section 2921.331 of the Revised Code or 3,998
any ordinance prohibiting the willful fleeing or eluding of a 3,999
police officer ......................................... 6 points 4,000
(7) Any crime punishable as a felony under the motor 4,002
vehicle laws of this state, or any other felony in the commission 4,003
of which a motor vehicle was used ...................... 6 points 4,004
(8) Operating a motor vehicle in violation of a 4,006
restriction imposed by a registrar ..................... 2 points 4,007
(9) Violation of section 4511.251 of the Revised Code or 4,009
any ordinance prohibiting street racing ................ 6 points 4,010
(10) Violation of section 4511.20 of the Revised Code or 4,012
any ordinance prohibiting the operation of a motor vehicle in 4,013
willful or wanton disregard of the safety of persons or property 4,015
........................................................ 4 points 4,015
(11) Violation of division (B) of section 4511.19 of the 4,017
Revised Code or any ordinance substantially equivalent to that 4,018
division prohibiting the operation of a vehicle with a prohibited 4,019
96
concentration of alcohol in the blood, breath, or urine 4,020
........................................................ 4 points 4,022
(12) Violation of any law or ordinance pertaining to 4,024
speed, except as otherwise provided in this section and in 4,025
division (G) of section 4511.21 of the Revised Code .... 2 points 4,026
(13) Upon a first violation of a limitation under division 4,028
(D) of section 4511.21 of the Revised Code at a speed in excess 4,029
of seventy-five miles per hour ......................... 2 points 4,030
(14) Upon a second violation within one year of the first 4,032
violation of a limitation under division (D) of section 4511.21 4,033
of the Revised Code, for each increment of five miles per hour in 4,034
excess of the posted speed limit, exclusive of the first five 4,035
miles per hour over the limitation ...................... 1 point 4,036
(15) Upon a third or subsequent violation within one year 4,038
of the first violation of a limitation under division (D) of 4,039
section 4511.21 of the Revised Code, for each increment of five 4,040
miles per hour in excess of the posted speed limit, exclusive of 4,041
the first five miles per hour over the limitation ...... 2 points 4,042
(16) All other moving violations pertaining to the 4,044
operation of motor vehicles reported under this section, except 4,045
any violations of section 4513.263 of the Revised Code or any 4,046
substantively comparable ordinance, or violations under Chapter 4,047
5577. of the Revised Code .............................. 2 points 4,048
(H) Upon receiving notification from the proper court, 4,050
including a United States district court whose jurisdiction lies 4,051
within this state, the bureau shall delete any points entered for 4,052
bond forfeiture in the event the driver is acquitted of the 4,053
offense for which the driver bond was posted. 4,054
(I) In the event a person is convicted of, or forfeits 4,056
bail for two or more offenses, arising out of the same facts, and 4,057
points are chargeable for each of the offenses, points shall be 4,058
charged for only the conviction or bond forfeiture for which the 4,059
greater number of points is chargeable, and if the number of 4,060
points chargeable for each offense is equal, only one offense 4,061
97
shall be recorded and points charged therefor. 4,062
(J) Whenever the points charged against any person exceed 4,064
five, the registrar shall forward to the person at the person's 4,065
last known address, via regular mail, a warning letter listing 4,066
the reported violations, along with the number of points charged 4,067
for each, and outlining the suspension provision of this section. 4,068
(K) When, upon determination of the registrar, any person 4,070
has charged against the person a total of not less than twelve 4,071
points within a period of two years from the date of the first 4,072
conviction within the two-year period, the registrar shall send 4,073
written notification to the person at the person's last known 4,074
address, that the person's driver's or commercial driver's 4,075
license shall be suspended for six months, effective on the 4,076
twentieth day after mailing the notice, unless the person files a 4,077
petition in the municipal court or the county court, or in case 4,078
such person is under the age of eighteen years, to IN the 4,079
juvenile court, in whose jurisdiction such person resides, OR IN 4,081
THE CASE OF A NONRESIDENT, IN THE FRANKLIN COUNTY MUNICIPAL 4,082
COURT. BY FILING AN APPEAL THE PERSON IS agreeing to pay the 4,083
cost of the proceedings and IS alleging that the person can show 4,084
cause why the person's the licensee's driving privileges should 4,085
not be suspended for a period of six months. 4,086
(L) Any person who has charged against the person more 4,088
than five but not more than eleven points, for the purpose of 4,089
obtaining a credit of two points against the total amount of 4,090
points on the person's driving record, may enroll for one time 4,091
only in a course of remedial driving instruction, as approved by 4,093
the director of public safety. Such a credit, subject to 4,094
successful completion of an approved remedial driving course 4,095
taken at a time when more than five but not more than eleven
points are charged against the person, shall be approved by the 4,096
registrar.
(M) When the driving privileges of any person are 4,098
suspended by any trial judge of any court of record pursuant to 4,099
98
section 4507.16 of the Revised Code, and points are charged 4,100
against the person under this section for the offense which 4,101
resulted in the suspension, that period of suspension shall be 4,102
credited against the time of any subsequent suspension under this 4,103
section for which the points were considered in making the 4,104
subsequent suspension. 4,105
When the driving privileges of a person are suspended 4,107
pursuant to the "Assimilative Crimes Act," 102 Stat. 4381 (1988), 4,108
18 U.S.C.A. 13, as amended, by a United States district court 4,109
whose jurisdiction lies within this state and the court utilizes 4,110
the provision contained in division (B) of this section, and 4,111
points are charged against the person under this section for the 4,112
offense that resulted in the suspension, the period of suspension 4,114
imposed by the district court shall be credited against the time 4,115
of any subsequent suspension imposed under this section for which 4,116
the points were considered in making the subsequent suspension. 4,117
(N) The registrar, upon written request of a licensee 4,120
petitioning under division (K) of this section, shall furnish the 4,121
licensee a copy of the registrar's record of the convictions and 4,122
bond forfeitures of the person certified by the registrar. This 4,123
record shall include the name, address, and birthdate of the
person so charged; the number of the person's driver's or 4,124
commercial driver's license; the name of the court in which each 4,126
conviction or bail forfeiture took place; the nature of the 4,127
offense; the date of hearing; the number of points charged 4,128
against each conviction or bail forfeiture; and such other 4,129
information as the registrar considers necessary. When the 4,130
record includes not less than twelve points charged against the 4,132
person within a two-year period, it is prima-facie evidence that 4,133
the person is a repeat traffic offender and the person's driving 4,134
privilege shall be suspended as provided in this section. 4,136
In hearing the matter and determining whether the person 4,138
has shown cause why the person's driving privileges should not be 4,139
suspended, the court shall decide the issue upon the record 4,140
99
certified by the registrar and such additional relevant, 4,141
competent, and material evidence as either the registrar or the 4,142
person whose license is sought to be suspended submits. 4,143
In such proceedings, the registrar shall be represented by 4,145
the prosecuting attorney of the county in which the person 4,146
resides if the petition is filed in the county court, except 4,147
where the petitioner is a resident of a city or village within 4,148
the jurisdiction of a county court in which case the city 4,149
director of law or village solicitor shall represent the 4,150
registrar. If the petition is filed in the municipal court, the 4,151
registrar shall be represented as provided in section 1901.34 of 4,152
the Revised Code. 4,153
If the court finds from the evidence submitted that the 4,155
person has failed to show cause why the person's driving 4,156
privileges should not be suspended, then the court shall assess 4,158
the cost of the proceeding against the person and shall impose 4,159
the suspension provided in division (K) of this section or 4,160
withhold the suspension, or part thereof, and provide such 4,161
conditions or probation as the court deems proper. If the court 4,162
finds that the person has shown cause why the person's driving 4,163
privileges should not be suspended, the cost of the proceedings 4,165
shall be paid out of the county treasury of the county in which 4,166
the proceedings were held.
Any person whose license is suspended under this section is 4,168
not entitled to apply for or receive a new license during the 4,169
effective period of the suspension. 4,170
Upon termination of any suspension or other penalty imposed 4,172
under this section involving surrender of a license or permit and 4,173
upon request of the person whose license or permit was so 4,174
suspended or surrendered, the registrar shall return the license 4,175
or permit to the person upon determining that all provisions of 4,176
section 4507.022 of the Revised Code have been met or shall 4,177
reissue the person's license or permit under section 4507.54 of 4,178
the Revised Code, if the registrar destroyed the license or 4,179
100
permit under that section.
Any person whose license, permit, or privilege to operate a 4,181
motor vehicle has been suspended as a repeat traffic offender 4,182
under this section and who, during such suspension, drives any 4,183
motor vehicle upon any highway is guilty of a misdemeanor of the 4,184
first degree, and no court shall suspend the first three days of 4,185
any such sentence. 4,186
(O) The privilege of driving a motor vehicle on the 4,188
highways or streets of this state, given to nonresidents under 4,189
section 4507.04 of the Revised Code, is subject to suspension by 4,191
the registrar.
Sec. 4507.022. Any person whose driver's or commercial 4,200
driver's license or permit is suspended, or who is put on 4,201
probation or granted limited or occupational driving privileges, 4,202
under section 4507.021 or division (E) of section 4507.16 of the 4,203
Revised Code, is not eligible to retain the person's license, or 4,204
to have the person's license returned DRIVING PRIVILEGES 4,205
REINSTATED, until each of the following has occurred:
(A) The person successfully completes a course of remedial 4,207
driving instruction approved by the director of public safety, 4,209
provided the person commences taking the course after the 4,210
person's driver's or commercial driver's license or permit is 4,211
suspended under section 4507.021 or division (E) of section 4,212
4507.16 of the Revised Code. A minimum of twenty-five per cent
of the number of hours of instruction included in the course 4,213
shall be devoted to instruction on driver attitude. 4,214
The course also shall devote a number of hours to 4,216
instruction in the area of alcohol and drugs and the operation of 4,217
motor vehicles. The instruction shall include, but not be 4,218
limited to, a review of the laws governing the operation of a 4,219
motor vehicle while under the influence of alcohol, drugs, or
both, the dangers of operating a motor vehicle while under the 4,220
influence of alcohol, drugs, or both, and other information 4,222
relating to the operation of motor vehicles and the consumption 4,223
101
of alcoholic beverages and use of drugs. The director, in
consultation with the director of the department of alcohol and 4,224
drug addiction services, shall prescribe the content of the 4,226
instruction. The number of hours devoted to the area of alcohol 4,227
and drugs and the operation of motor vehicles shall comprise a 4,228
minimum of twenty-five per cent of the number of hours of
instruction included in the course. 4,229
(B) The person is examined in the manner provided for in 4,231
section 4507.20 of the Revised Code, and found by the registrar 4,233
of motor vehicles to be qualified to operate a motor vehicle; 4,234
(C) The person gives and maintains proof of financial 4,236
responsibility, in accordance with section 4509.45 of the Revised 4,238
Code.
Sec. 4507.08. No driver's license shall be issued to any 4,247
person under eighteen years of age, except that a probationary 4,248
license may be issued to a person over sixteen years of age and a 4,249
restricted license may be issued to a person who is fourteen or 4,250
fifteen years of age upon proof of hardship satisfactory to the 4,251
registrar of motor vehicles. No probationary license shall be 4,252
issued to any person under the age of eighteen who has been 4,253
adjudicated an unruly or delinquent child or a juvenile traffic 4,254
offender for having committed any act that if committed by an 4,255
adult would be a drug abuse offense, as defined in section 4,256
2925.01 of the Revised Code, a violation of division (B) of 4,257
section 2917.11, or a violation of division (A) of section 4,258
4511.19 of the Revised Code, unless the person has been required 4,259
by the court to attend a drug abuse or alcohol abuse education, 4,260
intervention, or treatment program specified by the court and has 4,261
satisfactorily completed the program. 4,262
No temporary instruction permit or driver's license shall 4,264
be issued to any person whose license has been suspended, during 4,265
the period for which the license was suspended, nor to any person 4,266
whose license has been revoked, under sections 4507.01 to 4507.39 4,267
of the Revised Code, until the expiration of one year after the 4,268
102
license was revoked. 4,269
No temporary instruction permit or driver's license shall 4,271
be issued to any person whose commercial driver's license is 4,272
suspended under section 1905.201, 2301.374, 4507.16, 4507.34, 4,273
4507.99, 4511.191, or 4511.196 of the Revised Code or under any 4,274
other provision of the Revised Code during the period of the 4,275
suspension. 4,276
No temporary instruction permit or driver's license shall 4,278
be issued to, or retained by: 4,279
(A) Any person who is an alcoholic, or is addicted to the 4,281
use of controlled substances to the extent that the use 4,282
constitutes an impairment to the person's ability to operate a 4,283
motor vehicle with the required degree of safety; 4,284
(B) Any person who is under the age of eighteen and has 4,286
been adjudicated an unruly or delinquent child or a juvenile 4,287
traffic offender for having committed any act that if committed 4,288
by an adult would be a drug abuse offense, as defined in section 4,289
2925.01 of the Revised Code, a violation of division (B) of 4,290
section 2917.11, or a violation of division (A) of section 4,291
4511.19 of the Revised Code, unless the person has been required 4,292
by the court to attend a drug abuse or alcohol abuse education, 4,293
intervention, or treatment program specified by the court and has 4,294
satisfactorily completed the program; 4,295
(C) Any person who, in the opinion of the registrar, is 4,297
afflicted with or suffering from a physical or mental disability 4,298
or disease that prevents the person from exercising reasonable 4,299
and ordinary control over a motor vehicle while operating the 4,300
vehicle upon the highways, except that a restricted license 4,301
effective for six months may be issued to any person otherwise 4,302
qualified who is or has been subject to any condition resulting 4,303
in episodic impairment of consciousness or loss of muscular 4,304
control and whose condition, in the opinion of the registrar, is 4,305
dormant or is sufficiently under medical control that the person 4,306
is capable of exercising reasonable and ordinary control over a 4,307
103
motor vehicle. A restricted license effective for six months 4,308
shall be issued to any person who is otherwise qualified who is 4,309
subject to any condition which causes episodic impairment of 4,310
consciousness or a loss of muscular control if the person 4,311
presents a statement from a licensed physician that the person's 4,312
condition is under effective medical control and the period of 4,313
time for which the control has been continuously maintained, 4,314
unless, thereafter, a medical examination is ordered and, 4,315
pursuant thereto, cause for denial is found. 4,316
A person to whom a six-month restricted license has been 4,318
issued shall give notice of the person's medical condition to the 4,319
registrar on forms provided by the registrar and signed by the 4,320
licensee's physician. The notice shall be sent to the registrar 4,321
six months after the issuance of the license. Subsequent 4,322
restricted licenses issued to the same individual shall be 4,323
effective for six months. 4,324
(D) Any person who is unable to understand highway 4,326
warnings or traffic signs or directions given in the English 4,327
language; 4,328
(E) Any person making an application whose driver's 4,330
license or driving privileges are under revocation or suspension 4,331
in the jurisdiction where issued or any other jurisdiction, until 4,332
the expiration of one year after the license was revoked or until 4,333
the period of suspension ends. Any person whose application is 4,334
denied under this division may file a petition in the municipal 4,335
court or county court in whose jurisdiction the person resides 4,336
agreeing to pay the cost of the proceedings and alleging that the 4,337
conduct involved in the offense that resulted in suspension or 4,338
revocation in the foreign jurisdiction would not have resulted in 4,339
a suspension or revocation had the offense occurred in this 4,340
state. If the petition is granted, petitioner shall notify the 4,341
registrar of motor vehicles by a certified copy of the court's 4,342
findings and a license shall not be denied under this division; 4,343
(F) Any person whose driver's or commercial driver's 4,345
104
license or permit has been permanently revoked pursuant to 4,346
division (C) of section 4507.16 of the Revised Code; 4,347
(G) ANY PERSON WHO IS NOT A RESIDENT OR TEMPORARY RESIDENT 4,349
OF THIS STATE. 4,350
Sec. 4507.09. (A) Except as provided in division (B) of 4,359
this section, every driver's license ISSUED TO A RESIDENT OF THIS 4,360
STATE expires on the birthday of the applicant in the fourth year 4,361
after the date it is issued, but in AND EVERY DRIVER'S LICENSE 4,362
ISSUED TO A TEMPORARY RESIDENT EXPIRES IN ACCORDANCE WITH RULES 4,363
ADOPTED BY THE REGISTRAR OF MOTOR VEHICLES. IN no event shall 4,364
any such license be issued for a period longer than four years 4,365
AND NINETY DAYS.
Subject to the requirements of section 4507.12 of the 4,367
Revised Code, every driver's license ISSUED TO A RESIDENT is 4,368
renewable within sixty days prior to its expiration upon payment 4,369
of the fees as required by law, except that AND any license of an 4,370
Ohio A TEMPORARY resident who will be temporarily out-of-state is 4,371
renewable at any time prior to its expiration NONRENEWABLE. A 4,373
NONRENEWABLE LICENSE MAY BE REPLACED WITH A NEW LICENSE WITHIN
NINETY DAYS PRIOR TO ITS EXPIRATION UPON THE APPLICANT'S 4,374
COMPLIANCE WITH ALL APPLICABLE REQUIREMENTS. No refund shall be 4,376
made or credit given for the unexpired portion of the driver's
license that is renewed. The registrar of motor vehicles shall 4,378
notify each person whose driver's license has expired within 4,379
forty-five days after the date of expiration. Notification shall 4,380
be made by regular mail sent to the person's last known address 4,381
as shown in the records of the bureau of motor vehicles. Failure 4,382
to provide such notification shall not be construed as a renewal 4,383
or extension of any license. The registrar may issue rules 4,384
permitting the use and display of drivers' licenses at any time 4,385
not to exceed sixty NINETY days prior to the next succeeding 4,386
birthday of the applicant. For the purposes of this section, the 4,387
date of birth of any applicant born on the twenty-ninth day of 4,388
February shall be deemed to be the first day of March in any year 4,389
105
in which there is no twenty-ninth day of February. 4,390
The registrar may require an application for license 4,392
renewal submitted by a resident who will be temporarily 4,393
out-of-state to be accompanied by an affidavit, in a form 4,394
prescribed by the registrar, certifying that the resident will be 4,396
temporarily out-of-state at the time the resident's license will
expire. 4,397
(B) Every driver's license or renewal of a driver's 4,399
license issued to an applicant who is sixteen years of age or 4,400
older, but less than twenty-one years of age, expires on the 4,401
twenty-first birthday of the applicant, EXCEPT THAT AN APPLICANT 4,402
WHO APPLIES NO MORE THAN THIRTY DAYS BEFORE THE APPLICANT'S 4,403
TWENTY-FIRST BIRTHDAY SHALL BE ISSUED A LICENSE IN ACCORDANCE 4,404
WITH DIVISION (A) OF THIS SECTION. 4,405
(C) Each person licensed as a driver under this chapter 4,407
shall notify the registrar of any change in the person's address 4,408
within ten days following that change. The notification shall be 4,409
in writing on a form provided by the registrar and shall include 4,410
the full name, date of birth, license number, county of 4,411
residence, social security number, and new address of the person. 4,412
Sec. 4507.10. (A) The registrar of motor vehicles shall 4,421
examine every applicant for a driver's license, or motorcycle 4,422
operator's endorsement before issuing any such license or 4,423
endorsement. 4,424
(B) Except as provided in section 4507.12 of the Revised 4,426
Code, the registrar may waive the examination of any person 4,427
applying for the renewal of a driver's license, or motorcycle 4,428
operator's endorsement issued under this chapter, provided that 4,429
the applicant presents either an unexpired license or endorsement 4,430
or a license or endorsement which has expired not more than six 4,431
months prior to the date of application. 4,432
(C) The registrar may waive the examination of any person 4,434
applying for the renewal of such license or endorsement who is on 4,435
active duty in the military or naval forces of the United States, 4,436
106
or in service with the peace corps, volunteers in service to 4,437
America, or the foreign service of the United States if the 4,438
applicant has no physical or mental disabilities that would 4,439
affect his THE APPLICANT'S driving ability and was an, HAD A 4,441
VALID Ohio licensee DRIVER'S OR COMMERCIAL DRIVER'S LICENSE at 4,442
the time he THE APPLICANT commenced such active duty or service, 4,443
AND THE APPLICANT'S LICENSE IS NOT UNDER SUSPENSION OR REVOCATION 4,444
BY THIS STATE OR ANY OTHER JURISDICTION. 4,445
(D) Except as provided in section 4507.12 of the Revised 4,447
Code, the registrar may waive the examination of any person 4,448
applying for such license or endorsement who meets either of the 4,449
following sets of qualifications: 4,450
(1) Has been on active duty in the military or naval 4,452
forces of the United States, presents an honorable discharge 4,453
certificate showing that he THE APPLICANT has no physical or 4,454
mental disabilities which would affect his THE APPLICANT'S 4,455
driving ability, was an HAD A VALID Ohio licensee DRIVER'S OR 4,458
COMMERCIAL DRIVER'S LICENSE at the time he THE APPLICANT 4,459
commenced such active duty, IS NOT UNDER A LICENSE SUSPENSION OR 4,460
REVOCATION BY THIS STATE OR ANY OTHER JURISDICTION, and makes the 4,461
application not more than six months after the date of discharge 4,462
or separation; 4,463
(2) Was in service with the peace corps, volunteers in 4,465
service to America, or the foreign service of the United States; 4,466
presents such evidence of such service as the registrar 4,467
prescribes showing that the applicant has no physical or mental 4,468
disabilities that would affect his APPLICANT'S driving ability; 4,469
was an HAD A VALID Ohio licensee DRIVER'S OR COMMERCIAL DRIVER'S 4,471
LICENSE at the time he THE APPLICANT commenced such service;, IS 4,473
NOT UNDER A LICENSE SUSPENSION OR REVOCATION BY THIS STATE OR ANY 4,474
OTHER JURISDICTION, and makes the application no more than six 4,475
months after leaving the peace corps, volunteers, or foreign 4,476
service.
Sec. 4507.13. (A) The registrar of motor vehicles shall 4,485
107
issue a driver's license to every person licensed as an operator 4,486
of motor vehicles other than commercial motor vehicles. No 4,487
person licensed as a commercial motor vehicle driver under 4,488
Chapter 4506. of the Revised Code need procure a driver's 4,489
license, but no person shall drive any commercial motor vehicle 4,490
unless licensed as a commercial motor vehicle driver. 4,491
Every driver's license shall bear on it the distinguishing 4,493
number assigned to the licensee and shall contain the licensee's 4,494
name, date of birth, social security number if such number has 4,495
been assigned; the licensee's residence address and county of 4,496
residence; a color photograph of the licensee; a brief 4,497
description of the licensee for the purpose of identification; a 4,499
facsimile of the signature of the licensee as it appears on the 4,500
application for the license; a space marked "blood type" in which 4,501
a licensee may specify his THE LICENSEE'S blood type; a notation, 4,502
in a manner prescribed by the registrar, indicating any condition 4,503
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 4,505
the licensee has executed a durable power of attorney for health 4,506
care or a declaration governing the use or continuation, or the 4,507
withholding or withdrawal, of life-sustaining treatment and has 4,508
specified that he THE LICENSEE wishes his THE license to indicate 4,509
that he THE LICENSEE has executed either type of instrument, any 4,511
symbol chosen by the registrar to indicate that the licensee has 4,512
executed either type of instrument; and any additional 4,513
information that the registrar requires by rule.
The driver's license for licensees under twenty-one years 4,515
of age shall have characteristics prescribed by the registrar 4,516
distinguishing it from that issued to a licensee who is 4,517
twenty-one years of age or older, EXCEPT THAT A DRIVER'S LICENSE 4,518
ISSUED TO A PERSON WHO APPLIES NO MORE THAN THIRTY DAYS BEFORE 4,519
THE APPLICANT'S TWENTY-FIRST BIRTHDAY SHALL HAVE THE
CHARACTERISTICS OF A LICENSE ISSUED TO A PERSON WHO IS TWENTY-ONE 4,520
YEAR OF AGE OR OLDER.
108
THE DRIVER'S LICENSE ISSUED TO A TEMPORARY RESIDENT SHALL 4,522
CONTAIN THE WORD "NONRENEWABLE" AND SHALL HAVE ANY ADDITIONAL 4,523
CHARACTERISTICS PRESCRIBED BY THE REGISTRAR DISTINGUISHING IT 4,524
FROM A LICENSE ISSUED TO A RESIDENT.
Every driver's or commercial driver's license bearing a 4,526
motorcycle operator's endorsement and every restricted license to 4,527
operate a motor vehicle also shall bear the designation "novice," 4,528
if the endorsement or license is issued to a person who is 4,529
eighteen years of age or older and previously has not been 4,530
licensed to operate a motorcycle by this state or another 4,531
jurisdiction recognized by this state. The "novice" designation 4,532
shall be effective for one year after the date of issuance of the 4,533
motorcycle operator's endorsement or license. 4,534
Each license issued under this section shall be of such 4,536
material and so designed as to prevent its reproduction or 4,537
alteration without ready detection and, to this end, shall be 4,538
laminated with a transparent plastic material. 4,539
(B) Neither EXCEPT IN REGARD TO A DRIVER'S LICENSE ISSUED 4,541
TO A PERSON WHO APPLIES NO MORE THAN THIRTY DAYS BEFORE THE 4,542
APPLICANT'S TWENTY-FIRST BIRTHDAY, NEITHER the registrar nor any 4,543
deputy registrar shall issue a driver's license to anyone under 4,545
twenty-one years of age that does not have the characteristics 4,546
prescribed by the registrar distinguishing it from the driver's 4,547
license issued to persons who are twenty-one years of age or
older. 4,548
Sec. 4507.14. The registrar of motor vehicles upon issuing 4,557
a driver's license, a motorcycle operator's endorsement, a 4,558
driver's license renewal, or the renewal of any other license 4,559
issued under this chapter, may, whenever good cause appears, MAY 4,560
impose restrictions suitable to the licensee's driving ability 4,561
with respect to the type of or special mechanical control devices 4,562
required on a motor vehicle which the licensee may operate, or 4,563
such other restrictions applicable to the licensee as the 4,564
registrar determines to be necessary. 4,565
109
When issuing licenses A LICENSE to a deaf person or to 4,567
persons with impaired hearing, the registrar shall require that A 4,568
motor vehicles VEHICLE operated by such persons THE PERSON be 4,570
equipped with two OUTSIDE rear vision mirrors, one outside ON THE 4,571
LEFT SIDE and one inside such motor vehicles THE OTHER ON THE 4,572
RIGHT SIDE.
The registrar may either MAY issue a special restricted 4,574
license or may set forth such restrictions upon the usual license 4,575
form.
The registrar, upon receiving satisfactory evidence of any 4,577
violation of the restrictions of such license, AFTER AN 4,579
OPPORTUNITY FOR A HEARING IN ACCORDANCE WITH CHAPTER 119. OF THE 4,580
REVISED CODE, may suspend or revoke the same THE LICENSE FOR A
PERIOD OF SIX MONTHS. 4,581
Sec. 4507.16. (A)(1) The trial judge of any court of 4,596
record, in addition to or independent of all other penalties 4,597
provided by law or by ordinance, shall suspend for not less than 4,598
thirty days or more than three years or shall revoke the driver's 4,599
or commercial driver's license or permit or nonresident operating 4,601
privilege of any person who is convicted of or pleads guilty to 4,602
any of the following: 4,603
(a) Perjury or the making of a false affidavit under this 4,605
chapter, or any other law of this state requiring the 4,606
registration of motor vehicles or regulating their operation on 4,607
the highway; 4,608
(b) Any crime punishable as a felony under the motor 4,610
vehicle laws of this state or any other felony in the commission 4,611
of which a motor vehicle is used; 4,612
(c) Failing to stop and disclose identity at the scene of 4,614
the accident when required by law or ordinance to do so; 4,615
(d) Street racing as defined in section 4511.251 of the 4,618
Revised Code or any substantially similar municipal ordinance; 4,619
(e) Willfully eluding or fleeing a police officer; 4,621
(f) Trafficking in cigarettes with the intent to avoid 4,623
110
payment of the cigarette tax under division (A) of section 4,624
5743.112 of the Revised Code; 4,625
(g) A violation of section 2903.06, 2903.07, or 2903.08 of 4,627
the Revised Code or a municipal ordinance substantially similar 4,628
to section 2903.07 of the Revised Code, unless the jury or judge 4,629
as trier of fact in the case finds that the offender was under 4,630
the influence of alcohol, a drug of abuse, or alcohol and a drug 4,631
of abuse at the time of the commission of the offense. 4,632
If a person is convicted of or pleads guilty to a violation 4,634
of section 2907.24 of the Revised Code, an attempt to commit a 4,635
violation of that section, or a violation of or an attempt to 4,636
commit a violation of a municipal ordinance that is substantially 4,637
equivalent to that section and if the person, in committing or 4,638
attempting to commit the violation, was in, was on, or used a
motor vehicle, the trial judge of a court of record, in addition 4,639
to or independent of all other penalties provided by law or 4,640
ordinance, shall suspend for thirty days the person's driver's or 4,641
commercial driver's license or permit. 4,642
The trial judge of any court of record, in addition to 4,644
suspensions or revocations of licenses, permits, or privileges 4,645
pursuant to this division and in addition to or independent of 4,646
all other penalties provided by law or by ordinance, shall impose 4,647
a suspended jail sentence not to exceed six months, if 4,648
imprisonment was not imposed for the offense for which the person 4,649
was convicted. 4,650
(2) If the trial judge of any court of record suspends or 4,653
revokes the driver's or commercial driver's license or permit or
nonresident operating privilege of a person who is convicted of 4,654
or pleads guilty to any offense for which such suspension or 4,655
revocation is provided by law or ordinance, in addition to all 4,656
other penalties provided by law or ordinance, the judge may issue 4,657
an order prohibiting the offender from registering, renewing, or 4,658
transferring the registration of any vehicle during the period 4,659
that the offender's license, permit, or privilege is suspended or
111
revoked. The court promptly shall send a copy of the order to 4,660
the registrar of motor vehicles. 4,661
Upon receipt of such an order, neither the registrar nor 4,663
any deputy registrar shall accept any application for the 4,664
registration, registration renewal, or transfer of registration 4,665
of any motor vehicle owned or leased by the person named in the 4,666
order during the period that the person's license, permit, or 4,667
privilege is suspended or revoked, unless the registrar is
properly notified by the court that the order of suspension or 4,668
revocation has been canceled. When the period of suspension or 4,669
revocation expires or the order is canceled, the registrar or 4,670
deputy registrar shall accept the application for registration, 4,671
registration renewal, or transfer of registration of the person
named in the order. 4,672
(B) Except as otherwise provided in this section, the 4,674
trial judge of any court of record and the mayor of a mayor's 4,675
court, in addition to or independent of all other penalties 4,676
provided by law or by ordinance, shall revoke the driver's or 4,677
commercial driver's license or permit or nonresident operating 4,678
privilege of any person who is convicted of or pleads guilty to a 4,679
violation of division (A) of section 4511.19 of the Revised Code, 4,680
of a municipal ordinance relating to operating a vehicle while 4,681
under the influence of alcohol, a drug of abuse, or alcohol and a 4,682
drug of abuse, or of a municipal ordinance that is substantially 4,683
equivalent to division (A) of section 4511.19 of the Revised Code 4,684
relating to operating a vehicle with a prohibited concentration 4,685
of alcohol in the blood, breath, or urine or suspend the license, 4,686
permit, or privilege as follows: 4,687
(1) Except when division (B)(2), (3), or (4) of this 4,689
section applies and the judge or mayor is required to suspend or 4,690
revoke the offender's license or permit pursuant to that 4,691
division, the judge or mayor shall suspend the offender's 4,692
driver's or commercial driver's license or permit or nonresident 4,693
operating privilege for not less than six months nor more than 4,694
112
three years. 4,695
(2) Subject to division (B)(4) of this section, if, within 4,697
six years of the offense, the offender has been convicted of or 4,699
pleaded guilty to one violation of division (A) or (B) of section 4,700
4511.19 of the Revised Code, a municipal ordinance relating to 4,701
operating a vehicle while under the influence of alcohol, a drug 4,702
of abuse, or alcohol and a drug of abuse, a municipal ordinance 4,703
relating to operating a motor vehicle with a prohibited 4,704
concentration of alcohol in the blood, breath, or urine, section 4,705
2903.04 of the Revised Code in a case in which the offender was 4,706
subject to the sanctions described in division (D) of that 4,707
section, section 2903.06, 2903.07, or 2903.08 of the Revised Code 4,708
or a municipal ordinance that is substantially similar to section 4,709
2903.07 of the Revised Code in a case in which the jury or judge 4,710
found that the offender was under the influence of alcohol, a 4,711
drug of abuse, or alcohol and a drug of abuse, or a statute of 4,712
THE UNITED STATES OR OF any other state or a municipal ordinance 4,713
of a municipal corporation located in any other state that is 4,714
substantially similar to division (A) or (B) of section 4511.19 4,715
of the Revised Code, the judge shall suspend the offender's 4,716
driver's or commercial driver's license or permit or nonresident 4,717
operating privilege for not less than one year nor more than five 4,718
years.
(3) Subject to division (B)(4) of this section, if, within 4,720
six years of the offense, the offender has been convicted of or 4,721
pleaded guilty to two violations described in division (B)(2) of 4,722
this section, or a statute of THE UNITED STATES OR OF any other 4,723
state or a municipal ordinance of a municipal corporation located 4,725
in any other state that is substantially similar to division (A) 4,726
or (B) of section 4511.19 of the Revised Code, the judge shall 4,727
suspend the offender's driver's or commercial driver's license or 4,728
permit or nonresident operating privilege for not less than one 4,729
year nor more than ten years.
(4) If, within six years of the offense, the offender has 4,731
113
been convicted of or pleaded guilty to three or more violations 4,732
described in division (B)(2) of this section, or a statute of THE 4,734
UNITED STATES OR OF any other state or a municipal ordinance of a 4,735
municipal corporation located in any other state that is 4,736
substantially similar to division (A) or (B) of section 4511.19
of the Revised Code, or if the offender previously has been 4,738
convicted of or pleaded guilty to a violation of division (A) of 4,739
section 4511.19 of the Revised Code under circumstances in which 4,740
the violation was a felony and regardless of when the violation 4,741
and the conviction or guilty plea occurred, the judge shall
suspend the offender's driver's or commercial driver's license or 4,743
permit or nonresident operating privilege for a period of time 4,744
set by the court but not less than three years, and the judge may 4,745
permanently revoke the offender's driver's or commercial driver's 4,746
license or permit or nonresident operating privilege. 4,747
(5) The filing of an appeal by a person whose driver's or 4,749
commercial driver's license is suspended or revoked under 4,750
division (B)(1), (2), (3), or (4) of this section regarding any 4,751
aspect of the person's trial or sentence does not stay the 4,752
operation of the suspension or revocation. 4,754
(C) The trial judge of any court of record or the mayor of 4,756
a mayor's court, in addition to or independent of all other 4,757
penalties provided by law or by ordinance, may suspend the 4,758
driver's or commercial driver's license or permit or nonresident 4,759
operating privilege of any person who violates a requirement or 4,760
prohibition of the court imposed under division (F) of this 4,761
section or division (G)(1) of section 2951.02 of the Revised Code 4,763
as follows:
(1) For not more than one year, upon conviction for a 4,765
first violation of the requirement or prohibition; 4,766
(2) For not more than five years, upon conviction for a 4,768
second or subsequent violation of the requirement or prohibition 4,769
during the same period of required use of an ignition interlock 4,770
device that is certified pursuant to section 4511.83 of the 4,771
114
Revised Code. 4,772
(D)(1) The trial judge of any court of record, in addition 4,774
to or independent of all other penalties provided by law or by 4,775
ordinance, shall permanently revoke the driver's or commercial 4,776
driver's license or permit or nonresident operating privilege of 4,777
any person who is convicted of or pleads guilty to a violation of 4,778
section 2903.04 of the Revised Code in a case in which the 4,779
offender is subject to the sanctions described in division (D) of 4,780
that section, or of any person who is convicted of or pleads 4,781
guilty to a violation of section 2903.06, 2903.07, or 2903.08 of 4,782
the Revised Code or of a municipal ordinance that is 4,783
substantially similar to section 2903.07 of the Revised Code if 4,784
the jury or judge as trier of fact in the case in which the 4,785
person is convicted finds that the offender was under the 4,786
influence of alcohol, a drug of abuse, or alcohol and a drug of 4,787
abuse, at the time of the commission of the offense. 4,788
(2) In addition to any prison term authorized or required 4,790
by the section that establishes the offense and sections 2929.13 4,792
and 2929.14 of the Revised Code, and in addition to any other 4,793
sanction imposed for the offense under the section that 4,794
establishes the offense or sections 2929.11 to 2929.182 of the 4,795
Revised Code, the court that sentences an offender who is 4,796
convicted of or pleads guilty to a violation of section 2925.02, 4,797
2925.03, 2925.04, 2925.05, 2925.06, 2925.11, 2925.12, 2925.13, 4,798
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 4,802
revoke, shall suspend for not less than six months or more than 4,803
five years, as specified in the section that establishes the 4,804
offense, the person's driver's or commercial driver's license or 4,806
permit. If the person's driver's or commercial driver's license 4,807
or permit is under suspension on the date the court imposes 4,808
sentence upon the person, any revocation imposed upon the person 4,809
that is referred to in division (D)(2) of this section shall take 4,811
effect immediately. If the person's driver's or commercial 4,812
115
driver's license or permit is under suspension on the date the 4,813
court imposes sentence upon the person, any period of suspension 4,814
imposed upon the person that is referred to in division (D)(2) of 4,815
this section shall take effect on the next day immediately 4,816
following the end of that period of suspension. If the person is 4,817
sixteen years of age or older and is a resident of this state but 4,818
does not have a current, valid Ohio driver's or commercial 4,819
driver's license or permit, the court shall order the registrar 4,820
of motor vehicles to deny to the person the issuance of a 4,821
driver's or commercial driver's license or permit for six months 4,822
beginning on the date the court imposes a sentence upon the 4,823
person. If the person has not attained the age of sixteen years 4,824
on the date the court sentences the person for the violation, the 4,825
period of denial shall commence on the date the person attains 4,827
the age of sixteen years.
(E) Except as otherwise provided in this section, the 4,829
trial judge of any court of record and the mayor of a mayor's 4,830
court, in addition to or independent of all other penalties 4,831
provided by law or ordinance, shall suspend for not less than 4,832
sixty days nor more than two years the driver's or commercial 4,833
driver's license or permit or nonresident operating privilege of 4,834
any person who is convicted of or pleads guilty to a violation of 4,835
division (B) of section 4511.19 of the Revised Code or of a 4,836
municipal ordinance substantially equivalent to that division 4,837
relating to operating a vehicle with a prohibited concentration 4,838
of alcohol in the blood, breath, or urine. 4,839
(F) If a person's driver's or commercial driver's license 4,841
or permit or nonresident operating privilege has been suspended 4,842
pursuant to division (B) or (C) of this section or pursuant to 4,843
division (F) of section 4511.191 of the Revised Code, and the 4,844
person, within the preceding seven years, has been convicted of 4,845
or pleaded guilty to three or more violations of division (A) or 4,846
(B) of section 4511.19 of the Revised Code, a municipal ordinance 4,847
relating to operating a vehicle while under the influence of 4,848
116
alcohol, a drug of abuse, or alcohol and a drug of abuse, a 4,849
municipal ordinance relating to operating a vehicle with a 4,850
prohibited concentration of alcohol in the blood, breath, or 4,851
urine, section 2903.04 of the Revised Code in a case in which the 4,852
person was subject to the sanctions described in division (D) of 4,853
that section, section 2903.06, 2903.07, or 2903.08 of the Revised 4,855
Code or a municipal ordinance that is substantially similar to 4,856
section 2903.07 of the Revised Code in a case in which the jury 4,857
or judge found that the person was under the influence of 4,858
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 4,860
ordinance of a municipal corporation located in any other state
that is substantially similar to division (A) or (B) of section 4,861
4511.19 of the Revised Code, the person is not entitled to 4,863
request, and the judge or mayor shall not grant to the person, 4,864
occupational driving privileges under this division. Any other 4,865
person whose driver's or commercial driver's license or 4,866
nonresident operating privilege has been suspended under any of 4,867
those divisions may file a petition that alleges that the 4,868
suspension would seriously affect the person's ability to 4,869
continue the person's employment. The petition of a person whose 4,871
license, permit, or privilege was suspended pursuant to division 4,872
(F) of section 4511.191 of the Revised Code shall be filed in the 4,873
court specified in division (I)(4) of that section, and the 4,874
petition of a person whose license, permit, or privilege was 4,875
suspended under division (B) or (C) of this section shall be
filed in the municipal, county, mayor's, or in the case of a 4,876
minor, juvenile court that has jurisdiction over the place of 4,877
arrest. Upon satisfactory proof that there is reasonable cause 4,878
to believe that the suspension would seriously affect the 4,879
person's ability to continue the person's employment, the judge 4,881
of the court or mayor of the mayor's court may grant the person 4,882
occupational driving privileges during the period during which 4,883
the suspension otherwise would be imposed, except that the judge 4,884
117
or mayor shall not grant occupational driving privileges to any 4,885
person who, within seven years of the filing of the petition, has 4,886
been convicted of or pleaded guilty to three or more violations 4,887
of division (A) or (B) of section 4511.19 of the Revised Code, a 4,888
municipal ordinance relating to operating a vehicle while under 4,889
the influence of alcohol, a drug of abuse, or alcohol and a drug 4,890
of abuse, a municipal ordinance relating to operating a vehicle 4,891
with a prohibited concentration of alcohol in the blood, breath, 4,892
or urine, section 2903.04 of the Revised Code in a case in which 4,893
the person was subject to the sanctions described in division (D) 4,894
of that section, section 2903.06, 2903.07, or 2903.08 of the 4,895
Revised Code or a municipal ordinance that is substantially 4,896
similar to section 2903.07 of the Revised Code in a case in which 4,897
the jury or judge found that the person was under the influence 4,898
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 4,900
statute of THE UNITED STATES OR OF any other state or a municipal 4,901
ordinance of a municipal corporation located in any other state 4,902
that is substantially similar to division (A) or (B) of section
4511.19 of the Revised Code, shall not grant occupational driving 4,904
privileges for employment as a driver of commercial motor 4,905
vehicles to any person who is disqualified from operating a 4,906
commercial motor vehicle under section 2301.374 or 4506.16 of the 4,907
Revised Code, and shall not grant occupational driving privileges 4,908
during any of the following periods of time: 4,909
(1) The first fifteen days of suspension imposed upon an 4,911
offender whose license, permit, or privilege is suspended 4,912
pursuant to division (B)(1) of this section or division (F)(1) of 4,913
section 4511.191 of the Revised Code. On or after the sixteenth 4,914
day of suspension, the court may grant the offender occupational 4,915
driving privileges, but the court may provide that the offender 4,916
shall not exercise the occupational driving privileges unless the 4,918
vehicles the offender operates are equipped with ignition 4,919
interlock devices. 4,920
(2) The first thirty days of suspension imposed upon an 4,922
118
offender whose license, permit, or privilege is suspended 4,923
pursuant to division (B)(2) of this section or division (F)(2) of 4,924
section 4511.191 of the Revised Code. On or after the 4,925
thirty-first day of suspension, the court may grant the offender 4,926
occupational driving privileges, but the court may provide that 4,927
the offender shall not exercise the occupational driving 4,928
privileges unless the vehicles the offender operates are equipped 4,930
with ignition interlock devices.
(3) The first one hundred eighty days of suspension 4,932
imposed upon an offender whose license, permit, or privilege is 4,933
suspended pursuant to division (B)(3) of this section or division 4,934
(F)(3) of section 4511.191 of the Revised Code. The judge may 4,935
grant occupational driving privileges to an offender who receives 4,936
a suspension under either of those divisions on or after the one 4,938
hundred eighty-first day of the suspension only if division (F) 4,939
of this section does not prohibit the judge from granting the 4,940
privileges and only if the judge, at the time of granting the 4,941
privileges, also issues an order prohibiting the offender, while 4,943
exercising the occupational driving privileges during the period 4,944
commencing with the one hundred eighty-first day of suspension 4,945
and ending with the first year of suspension, from operating any 4,946
motor vehicle unless it is equipped with a certified ignition 4,947
interlock device. After the first year of the suspension, the 4,948
court may authorize the offender to continue exercising the 4,949
occupational driving privileges in vehicles that are not equipped 4,950
with ignition interlock devices. If the offender does not 4,951
petition for occupational driving privileges until after the 4,952
first year of suspension and if division (F) of this section does 4,953
not prohibit the judge from granting the privileges, the judge 4,954
may grant the offender occupational driving privileges without 4,955
requiring the use of a certified ignition interlock device. 4,956
(4) The first three years of suspension imposed upon an 4,958
offender whose license, permit, or privilege is suspended 4,959
pursuant to division (B)(4) of this section or division (F)(4) of 4,960
119
section 4511.191 of the Revised Code. The judge may grant 4,961
occupational driving privileges to an offender who receives a 4,962
suspension under either of those divisions after the first three 4,964
years of suspension only if division (F) of this section does not 4,965
prohibit the judge from granting the privileges and only if the 4,966
judge, at the time of granting the privileges, also issues an 4,967
order prohibiting the offender from operating any motor vehicle, 4,968
for the period of suspension following the first three years of 4,969
suspension, unless the motor vehicle is equipped with a certified 4,970
ignition interlock device. 4,971
(G) If a person's driver's or commercial driver's license 4,973
or permit or nonresident operating privilege has been suspended 4,974
under division (E) of this section, and the person, within the 4,975
preceding seven years, has been convicted of or pleaded guilty to 4,976
three or more violations of division (A) or (B) of section 4,977
4511.19 of the Revised Code, a municipal ordinance relating to 4,978
operating a vehicle while under the influence of alcohol, a drug 4,979
of abuse, or alcohol and a drug of abuse, a municipal ordinance 4,980
relating to operating a vehicle with a prohibited concentration 4,981
of alcohol in the blood, breath, or urine, section 2903.04 of the 4,982
Revised Code in a case in which the person was subject to the 4,983
sanctions described in division (D) of that section, section 4,984
2903.06, 2903.07, or 2903.08 of the Revised Code or a municipal 4,985
ordinance that is substantially similar to section 2903.07 of the 4,986
Revised Code in a case in which the jury or judge found that the 4,987
person was under the influence of alcohol, a drug of abuse, or 4,988
alcohol and a drug of abuse, or a statute of THE UNITED STATES OR 4,990
OF any other state or a municipal ordinance of a municipal 4,991
corporation located in any other state that is substantially 4,992
similar to division (A) or (B) of section 4511.19 of the Revised 4,993
Code, the person is not entitled to request, and the judge or 4,995
mayor shall not grant to the person, occupational driving 4,996
privileges under this division. Any other person whose driver's 4,997
or commercial driver's license or nonresident operating privilege 4,998
120
has been suspended under division (E) of this section may file a 4,999
petition that alleges that the suspension would seriously affect 5,000
the person's ability to continue the person's employment. The 5,001
petition shall be filed in the municipal, county, or mayor's 5,003
court that has jurisdiction over the place of arrest. Upon 5,004
satisfactory proof that there is reasonable cause to believe that 5,005
the suspension would seriously affect the person's ability to 5,006
continue the person's employment, the judge of the court or mayor 5,008
of the mayor's court may grant the person occupational driving 5,009
privileges during the period during which the suspension 5,010
otherwise would be imposed, except that the judge or mayor shall 5,011
not grant occupational driving privileges to any person who, 5,012
within seven years of the filing of the petition, has been 5,013
convicted of or pleaded guilty to three or more violations of 5,014
division (A) or (B) of section 4511.19 of the Revised Code, a
municipal ordinance relating to operating a vehicle while under 5,015
the influence of alcohol, a drug of abuse, or alcohol and a drug 5,016
of abuse, a municipal ordinance relating to operating a vehicle 5,017
with a prohibited concentration of alcohol in the blood, breath, 5,018
or urine, section 2903.04 of the Revised Code in a case in which 5,019
the person was subject to the sanctions described in division (D) 5,020
of that section, section 2903.06, 2903.07, or 2903.08 of the 5,021
Revised Code or a municipal ordinance that is substantially 5,022
similar to section 2903.07 of the Revised Code in a case in which 5,023
the jury or judge found that the person was under the influence 5,024
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 5,026
statute of THE UNITED STATES OR OF any other state or a municipal 5,027
ordinance of a municipal corporation located in any other state 5,028
that is substantially similar to division (A) or (B) of section 5,029
4511.19 of the Revised Code, shall not grant occupational driving 5,030
privileges for employment as a driver of commercial motor 5,031
vehicles to any person who is disqualified from operating a 5,032
commercial motor vehicle under section 4506.16 of the Revised 5,033
Code, and shall not grant occupational driving privileges during 5,034
121
the first sixty days of suspension imposed upon an offender whose 5,035
driver's or commercial driver's license or permit or nonresident 5,036
operating privilege is suspended pursuant to division (E) of this 5,037
section.
(H)(1) After a driver's or commercial driver's license or 5,039
permit has been suspended or revoked pursuant to this section, 5,041
the judge of the court or mayor of the mayor's court that 5,042
suspended or revoked the license or permit shall cause the 5,043
offender to deliver the license or permit to the court. The 5,044
judge, mayor, or clerk of the court or mayor's court, if the 5,045
license or permit has been suspended or revoked in connection 5,046
with any of the offenses listed in this section, forthwith shall 5,047
forward it to the registrar with notice of the action of the 5,049
court.
(2) Suspension of a commercial driver's license under this 5,051
section shall be concurrent with any period of disqualification 5,052
under section 2301.374 or 4506.16 of the Revised Code. No person 5,053
who is disqualified for life from holding a commercial driver's 5,054
license under section 4506.16 of the Revised Code shall be issued 5,055
a driver's license under this chapter during the period for which 5,056
the commercial driver's license was suspended under this section, 5,057
and no person whose commercial driver's license is suspended 5,058
under this section shall be issued a driver's license under this 5,059
chapter during the period of the suspension. 5,060
(I) No judge shall suspend the first thirty days of 5,062
suspension of a driver's or commercial driver's license or permit 5,064
or a nonresident operating privilege required under division (A) 5,065
of this section, no judge or mayor shall suspend the first six 5,066
months of suspension required under division (B)(1) of this 5,067
section, no judge shall suspend the first year of suspension 5,068
required under division (B)(2) of this section, no judge shall 5,069
suspend the first year of suspension required under division 5,070
(B)(3) of this section, no judge shall suspend the first three 5,071
years of suspension required under division (B)(4) of this 5,072
122
section, no judge or mayor shall suspend the revocation required 5,073
by division (D) of this section, and no judge or mayor shall 5,074
suspend the first sixty days of suspension required under 5,075
division (E) of this section, except that the court shall credit 5,076
any period of suspension imposed pursuant to section 4511.191 or 5,077
4511.196 of the Revised Code against any time of suspension 5,078
imposed pursuant to division (B) or (E) of this section as 5,079
described in division (J) of this section.
(J) The judge of the court or mayor of the mayor's court 5,081
shall credit any time during which an offender was subject to an 5,082
administrative suspension of the offender's driver's or 5,083
commercial driver's license or permit or nonresident operating 5,085
privilege imposed pursuant to division (E) or (F) of section 5,086
4511.191 or a suspension imposed by a judge, referee, or mayor 5,087
pursuant to division (B)(1) or (2) of section 4511.196 of the 5,088
Revised Code against the time to be served under a related 5,089
suspension imposed pursuant to this section. 5,090
(K) The judge or mayor shall notify the bureau of any 5,092
determinations made, and of any suspensions or revocations 5,093
imposed, pursuant to division (B) of this section. 5,094
(L)(1) If a court issues an ignition interlock order under 5,096
division (F) of this section, the order shall authorize the 5,097
offender during the specified period to operate a motor vehicle 5,098
only if it is equipped with a certified ignition interlock 5,099
device. The court shall provide the offender with a copy of an 5,100
ignition interlock order issued under division (F) of this 5,101
section, and the copy of the order shall be used by the offender 5,102
in lieu of an Ohio driver's or commercial driver's license or 5,103
permit until the registrar or a deputy registrar issues the 5,104
offender a restricted license. 5,105
An order issued under division (F) of this section does not 5,107
authorize or permit the offender to whom it has been issued to 5,108
operate a vehicle during any time that the offender's driver's or 5,109
commercial driver's license or permit is suspended or revoked 5,110
123
under any other provision of law. 5,111
(2) The offender may present the ignition interlock order 5,113
to the registrar or to a deputy registrar. Upon presentation of 5,114
the order to the registrar or a deputy registrar, the registrar 5,115
or deputy registrar shall issue the offender a restricted 5,116
license. A restricted license issued under this division shall 5,117
be identical to an Ohio driver's license, except that it shall 5,118
have printed on its face a statement that the offender is 5,119
prohibited during the period specified in the court order from 5,120
operating any motor vehicle that is not equipped with a certified 5,121
ignition interlock device, and except that the date of 5,122
commencement and the date of termination of the period shall be 5,123
indicated conspicuously upon the face of the license. 5,124
(3) As used in this section: 5,126
(a) "Ignition interlock device" has the same meaning as in 5,128
section 4511.83 of the Revised Code. 5,129
(b) "Certified ignition interlock device" means an 5,131
ignition interlock device that is certified pursuant to section 5,132
4511.83 of the Revised Code. 5,133
Sec. 4507.162. (A) Except as provided in division (C) of 5,142
this section, the registrar of motor vehicles shall suspend the 5,143
probationary driver's license or restricted license issued to any 5,144
person when the person, before reaching his THE PERSON'S 5,145
eighteenth birthday, has been convicted of, pleaded guilty to, or 5,147
been adjudicated in juvenile court of having committed any of the 5,148
following:
(1) Three separate violations in any two-year period of 5,150
section 2903.06, 2903.07, 2903.08, 2921.331, 4511.12, 4511.13, 5,151
4511.15, 4511.191, 4511.192, 4511.20, 4511.201, 4511.202, 5,152
4511.21, 4511.22, 4511.23, 4511.25 to 4511.48, 4511.57 to 5,153
4511.65, 4511.75, 4549.02, 4549.021, or 4549.03 of the Revised 5,154
Code, section 2903.04 of the Revised Code in a case in which the 5,155
person would have been subject to the sanctions described in 5,156
division (D) of that section had he THE PERSON been convicted of 5,157
124
the violation of that section, or any municipal ordinances 5,159
similarly relating to the offenses contained in those sections; 5,160
(2) One violation of section 4511.19 of the Revised Code 5,162
or a substantially similar municipal ordinance. 5,163
Any person whose license is suspended under division (A) of 5,165
this section shall mail or deliver his THE PERSON'S probationary 5,166
driver's license or restricted license to the registrar within 5,168
fourteen days of notification of the suspension. The registrar 5,169
shall retain the license during the period of the suspension. A 5,170
suspension pursuant to division (A)(1) of this section shall 5,171
remain in effect until one year has elapsed since the date of 5,172
suspension of the probationary driver's license or restricted 5,173
license and a suspension pursuant to division (A)(2) of this 5,174
section shall remain in effect until six months have elapsed 5,175
since the date of the suspension. If the person's probationary 5,176
driver's license or restricted license is under suspension on the 5,177
date the court imposes sentence upon the person for a violation 5,178
described in division (A)(2) of this section, the suspension 5,179
shall take effect on the next day immediately following the end 5,180
of that period of suspension. If the person is sixteen years of 5,181
age or older and pleads guilty to or is convicted of a violation 5,182
described in division (A)(2) of this section and he THE PERSON 5,183
does not have a current, valid probationary driver's license or 5,185
restricted license, the registrar shall deny the issuance to the 5,186
person of a probationary driver's license, restricted license, 5,187
driver's license, probationary commercial driver's license, or 5,188
commercial driver's license, as the case may be, for six months 5,189
beginning on the date the court imposes sentence upon the person 5,190
for the violation. If the person has not attained the age of 5,191
sixteen years on the date the court imposes sentence upon him THE 5,192
PERSON for the violation, the period of denial shall commence on 5,194
the date the person attains the age of sixteen years. 5,195
(B) The registrar also shall suspend the temporary 5,197
instruction permit or probationary driver's license of any person 5,198
125
under the age of eighteen who has been adjudicated unruly, 5,199
delinquent, or a juvenile traffic offender for having committed 5,200
any act that if committed by an adult would be a drug abuse 5,201
offense as defined in section 2925.01 of the Revised Code, or a 5,202
violation of division (B) of section 2917.11 of the Revised Code 5,203
until the person reaches the age of eighteen years or attends, at 5,204
the discretion of the court, and satisfactorily completes a drug 5,205
abuse or alcohol abuse education, intervention, or treatment 5,206
program specified by the court. Any person whose temporary 5,207
instruction permit or probationary driver's license is suspended 5,208
under this division shall mail or deliver his THE PERSON'S permit 5,210
or license to the registrar within fourteen days of notification 5,211
of the suspension. The registrar shall retain the license during 5,212
the period of the suspension. 5,213
(C) If a person is convicted of, pleads guilty to, or is 5,215
adjudicated in juvenile court of having committed a third 5,216
violation of sections 4511.12, 4511.13, 4511.15, 4511.20 to 5,217
4511.23, 4511.25, 4511.26 to 4511.48, 4511.57 to 4511.65, or 5,218
4511.75 of the Revised Code or any similar municipal ordinances 5,219
within a two-year period, and the person, within the preceding 5,220
seven years, has been convicted of, pleaded guilty to, or 5,221
adjudicated in juvenile court of having committed three or more 5,222
violations of division (A) or (B) of section 4511.19 of the 5,223
Revised Code, a municipal ordinance relating to operating a 5,224
vehicle while under the influence of alcohol, a drug of abuse, or 5,225
alcohol and a drug of abuse, a municipal ordinance relating to 5,226
operating a vehicle with a prohibited concentration of alcohol in 5,227
the blood, breath, or urine, section 2903.04 of the Revised Code 5,228
in a case in which the person was subject to the sanctions 5,229
described in division (D) of that section, or section 2903.06, 5,230
2903.07, or 2903.08 of the Revised Code or a municipal ordinance 5,231
that is substantially similar to section 2903.07 of the Revised 5,232
Code in a case in which the jury or judge found that the person 5,233
was under the influence of alcohol, a drug of abuse, or alcohol 5,234
126
and a drug of abuse, the person is not entitled to request, and 5,235
the court shall not grant to the person, occupational driving 5,236
privileges under this division. For any other person who is 5,237
convicted of, pleads guilty to, or is adjudicated in juvenile 5,238
court of having committed a third violation of sections 4511.12, 5,239
4511.13, 4511.15, 4511.20 to 4511.23, 4511.25, 4511.26 to 5,240
4511.48, 4511.57 to 4511.65, or 4511.75 of the Revised Code or 5,241
any similar municipal ordinances within a two-year period, the 5,242
court in which the third conviction, finding, plea, or 5,243
adjudication was made, upon petition of the person, may grant the 5,244
person occupational driving privileges if the court finds that 5,245
the person will reach his THE PERSON'S eighteenth birthday before 5,247
the period of suspension required to be imposed under division 5,248
(A)(1) of this section expires and further finds reasonable cause 5,249
to believe that the suspension, if continued beyond the person's 5,250
eighteenth birthday, will seriously affect the person's ability 5,251
to continue in his employment. The occupational driving 5,252
privileges granted under this division shall be effective on the 5,253
person's eighteenth birthday and during the period following such 5,254
birthday for which the suspension would otherwise be imposed. A 5,255
court shall not grant occupational driving privileges to any 5,256
person who, within seven years of the filing of the petition, has 5,257
been convicted of, pleaded guilty to, or adjudicated in juvenile 5,258
court of having committed three or more violations of division 5,259
(A) or (B) of section 4511.19 of the Revised Code, a municipal 5,260
ordinance relating to operating a vehicle while under the 5,261
influence of alcohol, a drug of abuse, or alcohol and a drug of 5,262
abuse, a municipal ordinance relating to operating a vehicle with 5,263
a prohibited concentration of alcohol in the blood, breath, or 5,264
urine, section 2903.04 of the Revised Code in a case in which the 5,265
person was subject to the sanctions described in division (D) of 5,266
that section, or section 2903.06, 2903.07, or 2903.08 of the 5,267
Revised Code or a municipal ordinance that is substantially 5,268
similar to section 2903.07 of the Revised Code in a case in which 5,269
127
the jury or judge found that the person was under the influence 5,270
of alcohol, a drug of abuse, or alcohol and a drug of abuse. In 5,271
granting occupational driving privileges, the court shall specify 5,272
the times and places at which the person may drive and may impose 5,273
any other conditions upon the person's use of a motor vehicle 5,274
that the court considers reasonable and necessary. 5,275
A court that grants occupational driving privileges to a 5,277
person under this division shall retain the person's probationary 5,278
driver's license or restricted license during the period the 5,279
license is suspended and also during the period for which 5,280
occupational driving privileges are granted, and shall deliver to 5,281
the person a permit card, in a form to be prescribed by the 5,282
court, setting forth the date on which the occupational driving 5,283
privileges will become effective, the times and places at which 5,284
the person may drive, and any other conditions imposed upon the 5,285
person's use of a motor vehicle. 5,286
The court immediately shall notify the registrar, in 5,288
writing, of a grant of occupational driving privileges. The 5,289
notification shall specify the date on which the occupational 5,290
driving privileges will become effective, the times and places at 5,291
which the person may drive, and any other conditions imposed upon 5,292
the person's use of a motor vehicle. The registrar shall not 5,293
suspend the probationary driver's license or restricted license 5,294
of any person pursuant to division (A) of this section during any 5,295
period for which the person has been granted occupational driving 5,296
privileges as provided in this division, if the registrar has 5,297
received the notification described in this division from the 5,298
court. 5,299
(D) If a person who has been granted occupational driving 5,301
privileges under division (C) of this section is convicted of, 5,302
pleads guilty to, or is adjudicated in juvenile court of having 5,303
committed, a violation of section 4507.02 of the Revised Code, or 5,304
a fourth or subsequent violation of any of the other sections of 5,305
the Revised Code listed in division (A)(1) of this section or any 5,306
128
similar municipal ordinance during the period for which he THE 5,307
PERSON was granted occupational driving privileges, the court 5,309
that granted the occupational driving privileges shall revoke 5,310
them and cancel the person's permit card. The court or the clerk 5,311
of the court immediately shall forward the person's probationary 5,312
driver's license or restricted license together with written 5,313
notification of the court's action to the registrar. Upon 5,314
receipt of the license and notification, the registrar shall 5,315
suspend the person's probationary driver's license or restricted 5,316
license for a period of one year. The registrar shall retain the 5,317
license during the period of suspension, and no further 5,318
occupational driving privileges shall be granted during that 5,319
period.
(E) No application for a driver's or commercial driver's 5,321
license shall be received from any person whose probationary 5,322
driver's license or restricted license has been suspended under 5,323
this section until the suspension period has expired, a temporary 5,324
instruction permit or commercial driver's license temporary 5,325
instruction permit has been issued, and the applicant has 5,326
submitted to the examination for a driver's license as provided 5,327
for in section 4507.11 or a commercial driver's license as 5,328
provided in Chapter 4506. of the Revised Code. 5,329
Sec. 4507.163. (A) Any person of insufficient age to 5,338
purchase intoxicating liquor or beer who, contrary to division 5,339
(A) or (C) of section 4507.30 of the Revised Code, displays as 5,340
proof that he THE PERSON is of sufficient age to purchase 5,341
intoxicating liquor or beer, a driver's or commercial driver's 5,343
license, knowing the same to be fictitious, altered, or not his 5,344
THE PERSON'S own, shall thereby forfeit the driving privileges 5,346
authorized by his THE PERSON'S own driver's license, probationary 5,348
driver's license, commercial driver's license, probationary 5,349
commercial driver's license, temporary instruction permit, or 5,350
commercial driver's license temporary instruction permit and be 5,351
denied the issuance or reissuance of any such license or permit 5,352
129
by the registrar of motor vehicles for one year beginning with 5,353
the date on which notification of such forfeiture and denial is 5,354
mailed to him THE PERSON by the registrar. 5,355
(B) In any prosecution, or in any proceeding before the 5,357
liquor control commission, in which the defense authorized by 5,358
section 4301.639 of the Revised Code is sustained, the clerk of 5,359
the court in which said THE prosecution was had, or the clerk of 5,360
the liquor control commission, shall certify to the registrar of 5,361
motor vehicles the facts ascertainable from his THE CLERK'S 5,362
records evidencing violation of division (A) or (C) of section 5,363
4507.30 of the Revised Code by a person of insufficient age to 5,364
purchase intoxicating liquor or beer, including in such THE 5,365
certification the PERSON'S name and residence address of such 5,366
person.
(C) The registrar of motor vehicles, upon receipt of said 5,368
THE certification, shall suspend such THE person's license or 5,370
permit to drive subject to review as provided in this section, 5,371
and shall mail to such THE person, at his THE PERSON'S last known 5,373
address, a notice of the suspension and of the hearing provided 5,374
in division (D) of this section. 5,375
(D) Any person whose license or permit to drive has been 5,377
suspended under this section may, within twenty days of the 5,378
mailing of the notice provided above, MAY file a petition in the 5,379
municipal court or county court, or in case such THE person is 5,380
under the age of eighteen years, in the juvenile court, in whose 5,381
jurisdiction such THE person resides, agreeing to pay the cost of 5,383
the proceedings, and alleging error by the registrar of motor
vehicles in the suspension of the license or permit to drive, or 5,384
in one or more of the matters within the scope of the hearing as 5,385
provided in this section, or both. Such THE petitioner shall 5,386
notify the registrar of the filing of the petition and send him 5,387
THE REGISTRAR a copy thereof. The scope of such THE hearing 5,389
shall be limited to whether a court of record did in fact find 5,390
that the petitioner displayed, or, if the original proceedings 5,391
130
were before the liquor control commission, whether the petitioner 5,392
did in fact display, as proof that he THE PERSON was of 5,393
sufficient age to purchase intoxicating liquor or beer, a 5,395
driver's or commercial driver's license knowing the same to be 5,396
fictitious, altered, or not his THE PERSON'S own, and whether he 5,397
THE PERSON was at that time of insufficient age legally to make a 5,398
purchase of intoxicating liquor or beer. 5,399
(E) In any hearing authorized by this section, the 5,401
registrar of motor vehicles shall be represented by the 5,402
prosecuting attorney of the county where the petitioner resides. 5,403
(F) If the court finds from the evidence submitted that 5,405
such THE person has failed to show error in the action by the 5,406
registrar of motor vehicles or in one or more of the matters 5,407
within the scope of the hearing as limited in division (D) of 5,408
this section, or both, the court shall assess the cost of the 5,409
proceeding against such THE person and shall impose the 5,410
suspension provided in divisions (A) and (C) of this section. If 5,411
the court finds that such THE person has shown error in the 5,412
action taken by the registrar, or in one or more of the matters 5,413
within the scope of the hearing as limited in division (B) of 5,414
this section, or both, the cost of the proceeding shall be paid 5,415
out of the county treasury of the county in which the proceedings 5,416
were held, and the suspension provided in divisions (A) and (C) 5,417
of this section shall not be imposed. The court shall inform the 5,418
registrar of motor vehicles in writing of the action taken. 5,419
Sec. 4507.169. (A) The registrar of motor vehicles shall 5,428
suspend for six months THE PERIOD OF TIME SPECIFIED IN THIS 5,429
DIVISION the driver's or commercial driver's license or permit 5,431
of, or deny for six months SUCH PERIOD OF TIME the issuance of a 5,432
driver's or commercial driver's license or permit to, any person 5,433
who is a resident of this state and is convicted of or pleads 5,435
guilty to a violation of a statute of any other state or any
federal statute that is substantially similar to section 2925.02, 5,437
2925.03, 2925.04, 2925.05, 2925.06, 2925.11, 2925.12, 2925.13, 5,438
131
2925.14, 2925.22, 2925.23, 2925.31, 2925.32, 2925.36, or 2925.37 5,439
of the Revised Code. Upon receipt of a report from a court, 5,440
court clerk, or other official of any other state or from any 5,441
federal authority that a resident of this state was convicted of 5,442
or pleaded guilty to an offense described in this division, the 5,443
registrar shall send a notice by regular first class mail to the 5,444
person, at the person's last known address as shown in the 5,446
records of the bureau of motor vehicles, informing the person of 5,447
the suspension or denial, that the suspension or denial will take 5,448
effect twenty-one days from the date of the notice, and that, if 5,449
the person wishes to appeal the suspension or denial, the person 5,451
must file a notice of appeal within twenty-one days of the date 5,453
of the notice requesting a hearing on the matter. If the person 5,454
requests a hearing, the registrar shall hold the hearing not more 5,455
than forty days after receipt by the registrar of the notice of 5,456
appeal. The filing of a notice of appeal does not stay the 5,458
operation of the suspension or denial that must be imposed 5,459
pursuant to this division. The scope of the hearing shall be 5,460
limited to whether the person actually was convicted of or 5,461
pleaded guilty to the offense for which the suspension or denial 5,463
is to be imposed.
If the person is a resident of this state who does not have 5,465
a current, valid Ohio driver's or commercial driver's license, 5,466
the notice shall inform the person that the person will be denied 5,468
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 5,470
SUSPENSION OR DENIAL THE REGISTRAR IS REQUIRED TO IMPOSE UNDER 5,471
THIS DIVISION SHALL END EITHER ON THE LAST DAY OF ANY PERIOD OF
SUSPENSION OF THE PERSON'S NONRESIDENT OPERATING PRIVILEGE 5,472
IMPOSED BY THE STATE OR FEDERAL COURT LOCATED IN THE OTHER STATE, 5,473
OR THE DATE SIX MONTHS AND TWENTY-ONE DAYS FROM THE DATE OF THE 5,474
NOTICE SENT BY THE REGISTRAR TO THE PERSON UNDER THIS DIVISION, 5,475
WHICHEVER IS EARLIER.
The registrar shall subscribe to or otherwise participate 5,477
132
in any information system or register, or enter into reciprocal 5,478
and mutual agreements with other states and federal authorities, 5,479
in order to facilitate the exchange of information with other 5,480
states and the United States government regarding persons who 5,481
plead guilty to or are convicted of offenses described in this 5,482
division and therefore are subject to the suspension or denial 5,483
described in this division. 5,484
(B) The registrar shall suspend for six months THE PERIOD 5,486
OF TIME SPECIFIED IN THIS DIVISION the driver's or commercial 5,487
driver's license or permit of, or deny for six months SUCH PERIOD 5,488
OF TIME the issuance of a driver's or commercial driver's license 5,489
or permit to, any person who is a resident of this state and is 5,490
convicted of or pleads guilty to a violation of a statute of any 5,492
other state or a municipal ordinance of a municipal corporation 5,493
located in any other state that is substantially similar to 5,494
section 4511.19 of the Revised Code. Upon receipt of a report 5,495
from another state made pursuant to section 4511.95 4507.60 of 5,496
the Revised Code indicating that a resident of this state was 5,497
convicted of or pleaded guilty to an offense described in this 5,498
division, the registrar shall send a notice by regular first 5,500
class mail to the person, at the person's last known address as 5,501
shown in the records of the bureau of motor vehicles, informing 5,502
the person of the suspension or denial, that the suspension or 5,503
denial will take effect twenty-one days from the date of the 5,504
notice, and that, if the person wishes to appeal the suspension 5,505
or denial, the person must file a notice of appeal within 5,506
twenty-one days of the date of the notice requesting a hearing on 5,507
the matter. If the person requests a hearing, the registrar 5,508
shall hold the hearing not more than forty days after receipt by 5,509
the registrar of the notice of appeal. The filing of a notice of 5,510
appeal does not stay the operation of the suspension or denial 5,511
that must be imposed pursuant to this division. The scope of the 5,512
hearing shall be limited to whether the person actually was 5,513
convicted of or pleaded guilty to the offense for which the 5,514
133
suspension or denial is to be imposed. 5,515
If the person is a resident of this state but does not have 5,517
a current, valid Ohio driver's or commercial driver's license, 5,518
the notice shall inform the person that the person will be denied 5,520
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 5,522
SUSPENSION OR DENIAL THE REGISTRAR IS REQUIRED TO IMPOSE UNDER 5,523
THIS DIVISION SHALL END EITHER ON THE LAST DAY OF ANY PERIOD OF
SUSPENSION OF THE PERSON'S NONRESIDENT OPERATING PRIVILEGE 5,524
IMPOSED BY THE STATE OR FEDERAL COURT LOCATED IN THE OTHER STATE, 5,525
OR THE DATE SIX MONTHS AND TWENTY-ONE DAYS FROM THE DATE OF THE 5,526
NOTICE SENT BY THE REGISTRAR TO THE PERSON UNDER THIS DIVISION, 5,527
WHICHEVER IS EARLIER.
(C) The registrar shall suspend for six months THE PERIOD 5,529
OF TIME SPECIFIED IN THIS DIVISION the driver's or commercial 5,530
driver's license or permit of, or deny for six months SUCH PERIOD 5,531
OF TIME the issuance of a driver's or commercial driver's license 5,532
or permit to, any child who is a resident of this state and is 5,534
convicted of or pleads guilty to a violation of a statute of any 5,536
other state or any federal statute that is substantially similar 5,537
to section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, 2925.11, 5,538
2925.12, 2925.13, 2925.14, 2925.22, 2925.23, 2925.31, 2925.32, 5,539
2925.36, or 2925.37 of the Revised Code. Upon receipt of a 5,540
report from a court, court clerk, or other official of any other 5,541
state or from any federal authority that a child who is a 5,542
resident of this state was convicted of or pleaded guilty to an 5,543
offense described in this division, the registrar shall send a 5,544
notice by regular first class mail to the child, at the child's 5,545
last known address as shown in the records of the bureau of motor 5,546
vehicles, informing the child of the suspension or denial, that 5,547
the suspension or denial will take effect twenty-one days from 5,548
the date of the notice, and that, if the child wishes to appeal 5,549
the suspension or denial, the child must file a notice of appeal
within twenty-one days of the date of the notice requesting a 5,550
134
hearing on the matter. If the child requests a hearing, the 5,551
registrar shall hold the hearing not more than forty days after 5,553
receipt by the registrar of the notice of appeal. The filing of 5,554
a notice of appeal does not stay the operation of the suspension 5,555
or denial that must be imposed pursuant to this division. The 5,556
scope of the hearing shall be limited to whether the child 5,557
actually was convicted of or pleaded guilty to the offense for 5,558
which the suspension or denial is to be imposed. 5,559
THE PERIOD OF SUSPENSION THE REGISTRAR IS REQUIRED TO 5,561
IMPOSE UNDER THIS DIVISION SHALL END EITHER ON THE LAST DAY OF 5,562
ANY PERIOD OF SUSPENSION OF THE CHILD'S NONRESIDENT OPERATING 5,563
PRIVILEGE IMPOSED BY THE STATE OR FEDERAL COURT LOCATED IN THE 5,564
OTHER STATE, OR THE DATE SIX MONTHS AND TWENTY-ONE DAYS FROM THE 5,565
DATE OF THE NOTICE SENT BY THE REGISTRAR TO THE CHILD UNDER THIS
DIVISION, WHICHEVER IS EARLIER. If the child is a resident of 5,566
this state who is sixteen years of age or older and does not have 5,568
a current, valid Ohio driver's or commercial driver's license or 5,569
permit, the notice shall inform the child that the child will be 5,570
denied issuance of a driver's or commercial driver's license or 5,571
permit for six months beginning on the date of the notice. If 5,572
the child has not attained the age of sixteen years on the date 5,573
of the notice, the notice shall inform the child that the period 5,574
of denial OF SIX MONTHS shall commence on the date the child 5,575
attains the age of sixteen years.
The registrar shall subscribe to or otherwise participate 5,577
in any information system or register, or enter into reciprocal 5,578
and mutual agreements with other states and federal authorities, 5,579
in order to facilitate the exchange of information with other 5,580
states and the United States government regarding children who 5,581
are residents of this state and plead guilty to or are convicted 5,582
of offenses described in this division and therefore are subject 5,583
to the suspension or denial described in this division. 5,584
(D) The registrar shall suspend for six months THE PERIOD 5,586
OF TIME SPECIFIED IN THIS DIVISION the driver's or commercial 5,587
135
driver's license or permit of, or deny for six months SUCH PERIOD 5,588
OF TIME the issuance of a driver's or commercial driver's license 5,589
or permit to, any child who is a resident of this state and is 5,591
convicted of or pleads guilty to a violation of a statute of any 5,593
other state or a municipal ordinance of a municipal corporation 5,594
located in any other state that is substantially similar to 5,595
section 4511.19 of the Revised Code. Upon receipt of a report 5,596
from another state made pursuant to section 4511.95 4507.60 of 5,597
the Revised Code indicating that a child who is a resident of 5,598
this state was convicted of or pleaded guilty to an offense
described in this division, the registrar shall send a notice by 5,599
regular first class mail to the child, at the child's last known 5,600
address as shown in the records of the bureau of motor vehicles, 5,601
informing the child of the suspension or denial, that the 5,602
suspension or denial will take effect twenty-one days from the 5,605
date of the notice, and that, if the child wishes to appeal the 5,607
suspension or denial, the child must file a notice of appeal 5,608
within twenty-one days of the date of the notice requesting a 5,609
hearing on the matter. If the child requests a hearing, the 5,610
registrar shall hold the hearing not more than forty days after 5,612
receipt by the registrar of the notice of appeal. The filing of 5,613
a notice of appeal does not stay the operation of the suspension 5,614
or denial that must be imposed pursuant to this division. The 5,615
scope of the hearing shall be limited to whether the child 5,616
actually was convicted of or pleaded guilty to the offense for 5,618
which the suspension or denial is to be imposed. 5,619
THE PERIOD OF SUSPENSION THE REGISTRAR IS REQUIRED TO 5,621
IMPOSE UNDER THIS DIVISION SHALL END EITHER ON THE LAST DAY OF 5,622
ANY PERIOD OF SUSPENSION OF THE CHILD'S NONRESIDENT OPERATING 5,623
PRIVILEGE IMPOSED BY THE STATE OR FEDERAL COURT LOCATED IN THE 5,624
OTHER STATE, OR THE DATE SIX MONTHS AND TWENTY-ONE DAYS FROM THE 5,625
DATE OF THE NOTICE SENT BY THE REGISTRAR TO THE CHILD UNDER THIS
DIVISION, WHICHEVER IS EARLIER. If the child is a resident of 5,626
this state who is sixteen years of age or older and does not have 5,628
136
a current, valid Ohio driver's or commercial driver's license or 5,629
permit, the notice shall inform the child that the child will be 5,630
denied issuance of a driver's or commercial driver's license or 5,631
permit for six months beginning on the date of the notice. If 5,632
the child has not attained the age of sixteen years on the date 5,633
of the notice, the notice shall inform the child that the period 5,634
of denial OF SIX MONTHS shall commence on the date the child 5,635
attains the age of sixteen years.
(E) Any person whose license or permit has been suspended 5,637
pursuant to division (B) or (D) of this section may file a 5,638
petition in the municipal or county court, or in case the person 5,639
is under eighteen years of age, the juvenile court, in whose 5,640
jurisdiction the person resides, agreeing to pay the cost of the 5,642
proceedings and alleging that the suspension would seriously 5,643
affect the person's ability to continue the person's employment. 5,644
Upon satisfactory proof that there is reasonable cause to believe
that the suspension would seriously affect the person's ability 5,645
to continue the person's employment, the judge may grant the 5,646
person occupational driving privileges during the period during 5,647
which the suspension otherwise would be imposed, except that the 5,648
judge shall not grant occupational driving privileges for 5,649
employment as a driver of a commercial motor vehicle to any 5,650
person who would be disqualified from operating a commercial 5,652
motor vehicle under section 4506.16 of the Revised Code if the 5,654
violation had occurred in this state, or during any of the 5,655
following periods of time:
(1) If the person has not been convicted within five years 5,657
of the date of the offense giving rise to the suspension under 5,658
this section of a violation of section 4511.19 of the Revised 5,659
Code, of a municipal ordinance relating to operating a vehicle 5,660
under the influence of alcohol, a drug of abuse, or alcohol and a 5,661
drug of abuse, of a municipal ordinance relating to operating a 5,662
motor vehicle with a prohibited concentration of alcohol in the 5,663
blood, breath, or urine, of section 2903.04 of the Revised Code 5,664
137
in a case in which the person was subject to the sanctions 5,666
described in division (D) of that section, or of section 2903.06, 5,667
2903.07, or 2903.08 of the Revised Code or a municipal ordinance 5,668
that is substantially similar to section 2903.07 of the Revised 5,669
Code in a case in which the jury or judge found that the person 5,670
was under the influence of alcohol, a drug of abuse, or alcohol 5,671
and a drug of abuse, the first fifteen days of the suspension. 5,672
(2) If the person has been convicted only one time within 5,674
five years of the date of the offense giving rise to the 5,675
suspension under this section of a violation of section 4511.19 5,676
of the Revised Code, of a municipal ordinance relating to 5,677
operating a vehicle under the influence of alcohol, a drug of 5,679
abuse, or alcohol and a drug of abuse, of a municipal ordinance 5,680
relating to operating a motor vehicle with a prohibited 5,681
concentration of alcohol in the blood, breath, or urine, of 5,682
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 5,684
section, or of section 2903.06, 2903.07, or 2903.08 of the
Revised Code or a municipal ordinance that is substantially 5,685
similar to section 2903.07 of the Revised Code in a case in which 5,686
the jury or judge found that the person was under the influence 5,687
of alcohol, a drug of abuse, or alcohol and a drug of abuse, the 5,688
first thirty days of the suspension. 5,689
(3) If the person has been convicted two times within five 5,691
years of the date of the offense giving rise to the suspension 5,692
under this section of a violation of section 4511.19 of the 5,693
Revised Code, of a municipal ordinance relating to operating a 5,694
vehicle under the influence of alcohol, a drug of abuse, or 5,695
alcohol and a drug of abuse, of a municipal ordinance relating to 5,696
operating a motor vehicle with a prohibited concentration of 5,697
alcohol in the blood, breath, or urine, of section 2903.04 of the 5,698
Revised Code in a case in which the person was subject to the 5,699
sanctions described in division (D) of that section, or of 5,700
section 2903.06, 2903.07, or 2903.08 of the Revised Code or a 5,701
138
municipal ordinance that is substantially similar to section 5,702
2903.07 of the Revised Code in a case in which the jury or judge 5,703
found that the person was under the influence of alcohol, a drug 5,704
of abuse, or alcohol and a drug of abuse, the first one hundred 5,705
eighty days of the suspension.
(4) If the person has been convicted three or more times 5,707
within five years of the date of the offense giving rise to the 5,708
suspension under this section of a violation of section 4511.19 5,709
of the Revised Code, of a municipal ordinance relating to 5,710
operating a vehicle under the influence of alcohol, a drug of 5,711
abuse, or alcohol and a drug of abuse, of a municipal ordinance 5,712
relating to operating a motor vehicle with a prohibited 5,713
concentration of alcohol in the blood, breath, or urine, of 5,714
section 2903.04 of the Revised Code in a case in which the person 5,715
was subject to the sanctions described in division (D) of that 5,716
section, or of section 2903.06, 2903.07, or 2903.08 of the 5,717
Revised Code or a municipal ordinance that is substantially 5,718
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 5,719
of alcohol, a drug of abuse, or alcohol and a drug of abuse, no 5,720
occupational driving privileges may be granted. 5,721
If a person petitions for occupational driving privileges 5,723
under division (E) of this section, the registrar shall be 5,725
represented by the county prosecutor of the county in which the 5,726
person resides if the petition is filed in a juvenile court or 5,727
county court, except that if the person resides within a city or 5,728
village that is located within the jurisdiction of the county in 5,729
which the petition is filed, the city director of law or village 5,730
solicitor of that city or village shall represent the registrar. 5,731
If the petition is filed in a municipal court, the registrar 5,732
shall be represented as provided in section 1901.34 of the 5,733
Revised Code.
In granting occupational driving privileges under division 5,735
(E) of this section, the court may impose any condition it 5,737
139
considers reasonable and necessary to limit the use of a vehicle 5,738
by the person. The court shall deliver to the person a permit 5,739
card, in a form to be prescribed by the court, setting forth the 5,740
time, place, and other conditions limiting the person's use of a 5,741
motor vehicle. The grant of occupational driving privileges 5,742
shall be conditioned upon the person's having the permit in his 5,743
THE PERSON'S possession at all times during which the person is 5,744
operating a vehicle. 5,745
A person granted occupational driving privileges who 5,747
operates a vehicle for other than occupational purposes, in 5,748
violation of any condition imposed by the court or without having 5,749
the permit in the person's possession, is guilty of a violation 5,750
of division (D)(1) of section 4507.02 of the Revised Code. 5,751
(F) As used in divisions (C) and (D) of this section: 5,753
(1) "Child" means a person who is under the age of 5,755
eighteen years, except that any person who violates a statute or 5,756
ordinance described in division (C) or (D) of this section prior 5,757
to attaining eighteen years of age shall be deemed a "child" 5,758
irrespective of the person's age at the time the complaint or 5,760
other equivalent document is filed in the other state or a 5,761
hearing, trial, or other proceeding is held in the other state on 5,762
the complaint or other equivalent document, and irrespective of 5,763
the person's age when the period of license suspension or denial 5,765
prescribed in division (C) or (D) of this section is imposed. 5,766
(2) "Is convicted of or pleads guilty to" means, as it 5,768
relates to a child who is a resident of this state, that in a 5,769
proceeding conducted in a state or federal court located in 5,770
another state for a violation of a statute or ordinance described 5,771
in division (C) or (D) of this section, the result of the 5,772
proceeding is any of the following: 5,773
(a) Under the laws that govern the proceedings of the 5,775
court, the child is adjudicated to be or admits to being a 5,776
delinquent child or a juvenile traffic offender for a violation 5,778
described in division (C) or (D) of this section that would be a 5,779
140
crime if committed by an adult; 5,780
(b) Under the laws that govern the proceedings of the 5,782
court, the child is convicted of or pleads guilty to a violation 5,783
described in division (C) or (D) of this section; 5,784
(c) Under the laws that govern the proceedings of the 5,786
court, irrespective of the terminology utilized in those laws, 5,787
the result of the court's proceedings is the functional 5,789
equivalent of division (F)(2)(a) or (b) of this section. 5,790
Sec. 4507.50. The registrar of motor vehicles or a deputy 5,800
registrar shall, upon receipt of an application filed in 5,801
compliance with section 4507.51 of the Revised Code by any person 5,802
who is a resident OR A TEMPORARY RESIDENT of this state and, 5,803
except as otherwise provided in this section, is not licensed as 5,804
an operator of a motor vehicle in this state or another licensing 5,805
jurisdiction, and upon receipt of a fee of three dollars and 5,806
fifty cents, SHALL issue an identification card to that person. 5,807
Any person who is a resident OR TEMPORARY RESIDENT of this 5,809
state whose Ohio driver's or commercial driver's license has been 5,810
suspended or revoked, may, upon application in compliance with 5,811
section 4507.51 of the Revised Code and payment of a fee of three 5,812
dollars and fifty cents, MAY be issued a temporary identification 5,813
card. The temporary identification card shall be identical to an 5,814
identification card, except that it shall be printed on its face 5,815
with a statement that the card is valid during the effective 5,816
dates of the suspension or revocation of the cardholder's 5,817
license, or until the birthday of the cardholder in the fourth 5,818
year after the date on which it is issued, whichever is shorter. 5,819
The cardholder shall surrender his THE identification card to the 5,821
registrar or any deputy registrar before his THE CARDHOLDER'S 5,822
driver's or commercial driver's license is restored or reissued. 5,823
The deputy registrar shall be allowed a fee of two dollars 5,825
and twenty-five cents for each identification card issued under 5,826
this section. The fee allowed to the deputy registrar shall be 5,827
in addition to the fee for issuing an identification card. 5,828
141
Neither the registrar nor any deputy registrar shall charge 5,830
a fee in excess of one dollar and fifty cents for laminating an 5,831
identification card or temporary identification card. A deputy 5,832
registrar laminating such a card shall retain the entire amount 5,833
of the fee charged for lamination, less the actual cost to the 5,834
registrar of the laminating materials used for that lamination, 5,835
as specified in the contract executed by the bureau for the 5,836
laminating materials and laminating equipment. The deputy 5,837
registrar shall forward the amount of the cost of the laminating 5,838
materials to the registrar for deposit as provided in this 5,839
section. 5,840
The fee collected for issuing an identification card under 5,842
this section, except the fee allowed to the deputy registrar, 5,843
shall be paid into the state treasury to the credit of the state 5,844
bureau of motor vehicles fund created in section 4501.25 of the 5,845
Revised Code. 5,846
Sec. 4507.52. Each identification card issued by the 5,855
registrar of motor vehicles or a deputy registrar shall bear a 5,856
distinguishing number assigned to the cardholder, and shall 5,857
contain the following inscription: 5,858
"STATE OF OHIO IDENTIFICATION CARD 5,860
This card is not valid for the purpose of operating a motor 5,862
vehicle. It is provided solely for the purpose of establishing 5,863
the identity of the bearer described on the card, who currently 5,864
is not licensed to operate a motor vehicle in the state of Ohio." 5,865
The identification card shall bear substantially the same 5,867
information as contained in the application and as described in 5,868
division (A)(1) of section 4507.51 of the Revised Code and shall 5,869
contain the color photograph of the cardholder. On and after May 5,870
1, 1993, if the cardholder has executed a durable power of 5,872
attorney for health care or a declaration governing the use or 5,873
continuation, or the withholding or withdrawal, of 5,874
life-sustaining treatment and has specified that the cardholder 5,875
wishes the identification card to indicate that the cardholder 5,876
142
has executed either type of instrument, the card also shall 5,877
contain any symbol chosen by the registrar to indicate that the 5,878
cardholder has executed either type of instrument. The card 5,879
shall be sealed in transparent plastic or similar material and 5,880
shall be so designed as to prevent its reproduction or alteration 5,881
without ready detection. 5,882
The identification card for persons under twenty-one years 5,884
of age shall have characteristics prescribed by the registrar 5,885
distinguishing it from that issued to a person who is twenty-one 5,886
years of age or older, EXCEPT THAT AN IDENTIFICATION CARD ISSUED 5,887
TO A PERSON WHO APPLIES NO MORE THAN THIRTY DAYS BEFORE THE 5,888
APPLICANT'S TWENTY-FIRST BIRTHDAY SHALL HAVE THE CHARACTERISTICS
OF AN IDENTIFICATION CARD ISSUED TO A PERSON WHO IS TWENTY-ONE 5,889
YEARS OF AGE OR OLDER. 5,890
Every identification card ISSUED TO A RESIDENT OF THIS 5,892
STATE shall expire, unless canceled or surrendered earlier, on 5,894
the birthday of the cardholder in the fourth year after the date 5,895
on which it is issued. EVERY IDENTIFICATION CARD ISSUED TO A 5,896
TEMPORARY RESIDENT SHALL EXPIRE IN ACCORDANCE WITH RULES ADOPTED 5,897
BY THE REGISTRAR AND IS NONRENEWABLE, BUT MAY BE REPLACED WITH A
NEW IDENTIFICATION CARD UPON THE APPLICANT'S COMPLIANCE WITH ALL 5,898
APPLICABLE REQUIREMENTS. A cardholder may renew the cardholder's 5,900
identification card within thirty NINETY days prior to the day on 5,901
which it expires by filing an application and paying the 5,902
prescribed fee in accordance with section 4507.50 of the Revised 5,903
Code.
If a cardholder applies for a driver's or commercial 5,905
driver's license in this state or another licensing jurisdiction, 5,906
the cardholder shall surrender the cardholder's identification 5,908
card to the registrar or any deputy registrar before the license 5,909
is issued.
If a card is lost, destroyed, or mutilated, the person to 5,911
whom the card was issued may obtain a duplicate by doing both of 5,912
the following: 5,913
143
(A) Furnishing suitable proof of the loss, destruction, or 5,915
mutilation to the registrar or a deputy registrar; 5,916
(B) Filing an application and presenting documentary 5,918
evidence under section 4507.51 of the Revised Code. 5,919
Any person who loses a card and, after obtaining a 5,921
duplicate, finds the original, immediately shall surrender the 5,923
original to the registrar or a deputy registrar.
A cardholder may obtain a replacement identification card 5,925
that reflects any change of the cardholder's name by furnishing 5,927
suitable proof of the change to the registrar or a deputy 5,928
registrar and surrendering the cardholder's existing card. 5,929
When a cardholder applies for a duplicate or obtains a 5,931
replacement identification card, the cardholder shall pay a fee 5,933
of two dollars and fifty cents. A deputy registrar shall be 5,934
allowed an additional fee of two dollars and twenty-five cents 5,935
for issuing a duplicate or replacement identification card. 5,937
A duplicate or replacement identification card shall expire 5,939
on the same date as the card it replaces. 5,940
The registrar shall cancel any card upon determining that 5,942
the card was obtained unlawfully, issued in error, or was 5,943
altered. The registrar also shall cancel any card that is 5,945
surrendered to the registrar or to a deputy registrar after the 5,946
holder has obtained a duplicate, replacement, or driver's or 5,948
commercial driver's license. 5,949
No agent of the state or its political subdivisions shall 5,951
condition the granting of any benefit, service, right, or 5,952
privilege upon the possession by any person of an identification 5,953
card. Nothing in this section shall preclude any publicly 5,954
operated or franchised transit system from using an 5,955
identification card for the purpose of granting benefits or 5,956
services of the system. 5,957
No person shall be required to apply for, carry, or possess 5,959
an identification card. 5,960
(C) Neither EXCEPT IN REGARD TO AN IDENTIFICATION CARD 5,962
144
ISSUED TO A PERSON WHO APPLIES NO MORE THAN THIRTY DAYS BEFORE 5,963
THE APPLICANT'S TWENTY-FIRST BIRTHDAY, NEITHER the registrar nor 5,964
any deputy registrar shall issue an identification card to a 5,965
person under twenty-one years of age that does not have the 5,966
characteristics prescribed by the registrar distinguishing it 5,967
from the identification card issued to persons who are twenty-one 5,968
years of age or older.
Sec. 4509.31. (A) Whenever the registrar of motor 5,977
vehicles receives notice from a court of record or mayor's court 5,978
that a person has been convicted of, pleads guilty to, or 5,979
forfeits any bail or collateral deposited to secure an appearance 5,980
for trial for any of the crimes listed in section 4507.16 of the 5,981
Revised Code, the registrar shall suspend the driver's or 5,982
commercial driver's license or permit or nonresident operating 5,983
privilege of the person and the registration of all motor 5,984
vehicles registered in the name of the person as the owner, 5,985
except that the registrar shall not suspend the driver's or 5,986
commercial driver's license or permit or nonresident operating 5,987
privilege, and registration unless otherwise required by law in 5,988
the event the person has given or immediately gives and 5,989
thereafter maintains, for a period of three years, proof of 5,990
financial responsibility with respect to all the motor vehicles 5,991
registered by the person as the owner. 5,992
(B) Except as provided in division (L) of section 4511.191 5,994
of the Revised Code, division (A) of this section does not apply 5,995
to any person who is convicted of, or pleads guilty to, a 5,996
violation of section 4511.19 of the Revised Code, of a municipal 5,997
ordinance relating to operating a vehicle while under the 5,998
influence of alcohol, a drug of abuse, or alcohol and a drug of 5,999
abuse, or of a municipal ordinance relating to operating a 6,000
vehicle with a prohibited concentration of alcohol in the blood, 6,001
breath, or urine, if the offender previously has not been 6,002
convicted of a violation of section 4511.19 of the Revised Code, 6,003
of a municipal ordinance relating to operating a vehicle while 6,004
145
under the influence of alcohol, a drug of abuse, or alcohol and a 6,005
drug of abuse or with a prohibited concentration of alcohol in 6,006
the blood, breath, or urine, or of a statute of THE UNITED STATES 6,008
OR OF any other state or a municipal ordinance of a municipal 6,009
corporation located in any other state that is substantially 6,010
similar to division (A) or (B) of section 4511.19 of the Revised 6,011
Code, and the offender did not cause serious physical harm to a 6,012
person other than the offender.
Sec. 4511.191. (A) Any person who operates a vehicle upon 6,021
a highway or any public or private property used by the public 6,022
for vehicular travel or parking within this state shall be deemed 6,023
to have given consent to a chemical test or tests of the person's 6,025
blood, breath, or urine for the purpose of determining the 6,026
alcohol, drug, or alcohol and drug content of the person's blood, 6,027
breath, or urine if arrested for operating a vehicle while under 6,029
the influence of alcohol, a drug of abuse, or alcohol and a drug 6,030
of abuse or for operating a vehicle with a prohibited 6,031
concentration of alcohol in the blood, breath, or urine. The 6,032
chemical test or tests shall be administered at the request of a 6,033
police officer having reasonable grounds to believe the person to 6,034
have been operating a vehicle upon a highway or any public or 6,035
private property used by the public for vehicular travel or 6,036
parking in this state while under the influence of alcohol, a 6,037
drug of abuse, or alcohol and a drug of abuse or with a 6,038
prohibited concentration of alcohol in the blood, breath, or 6,039
urine. The law enforcement agency by which the officer is 6,040
employed shall designate which of the tests shall be
administered. 6,041
(B) Any person who is dead or unconscious, or who is 6,043
otherwise in a condition rendering the person incapable of 6,044
refusal, shall be deemed not to have withdrawn consent as 6,046
provided by division (A) of this section and the test or tests 6,047
may be administered, subject to sections 313.12 to 313.16 of the 6,048
Revised Code. 6,049
146
(C)(1) Any person under arrest for operating a vehicle 6,051
while under the influence of alcohol, a drug of abuse, or alcohol 6,052
and a drug of abuse or for operating a vehicle with a prohibited 6,053
concentration of alcohol in the blood, breath, or urine shall be 6,054
advised at a police station, or at a hospital, first-aid station, 6,055
or clinic to which the person has been taken for first-aid or 6,056
medical treatment, of both of the following: 6,057
(a) The consequences, as specified in division (E) of this 6,059
section, of the person's refusal to submit upon request to a 6,060
chemical test designated by the law enforcement agency as 6,062
provided in division (A) of this section; 6,063
(b) The consequences, as specified in division (F) of this 6,065
section, of the person's submission to the designated chemical 6,067
test if the person is found to have a prohibited concentration of 6,068
alcohol in the blood, breath, or urine. 6,069
(2)(a) The advice given pursuant to division (C)(1) of 6,071
this section shall be in a written form containing the 6,072
information described in division (C)(2)(b) of this section and 6,073
shall be read to the person. The form shall contain a statement 6,074
that the form was shown to the person under arrest and read to 6,075
the person in the presence of the arresting officer and either 6,077
another police officer, a civilian police employee, or an 6,078
employee of a hospital, first-aid station, or clinic, if any, to 6,079
which the person has been taken for first-aid or medical 6,080
treatment. The witnesses shall certify to this fact by signing 6,081
the form.
(b) The form required by division (C)(2)(a) of this 6,083
section shall read as follows: 6,084
"You now are under arrest for operating a vehicle while 6,086
under the influence of alcohol, a drug of abuse, or both alcohol 6,087
and a drug of abuse and will be requested by a police officer to 6,088
submit to a chemical test to determine the concentration of 6,089
alcohol, drugs of abuse, or alcohol and drugs of abuse in your 6,090
blood, breath, or urine. 6,091
147
If you refuse to submit to the requested test or if you 6,093
submit to the requested test and are found to have a prohibited 6,094
concentration of alcohol in your blood, breath, or urine, your 6,095
driver's or commercial driver's license or permit or nonresident 6,096
operating privilege immediately will be suspended for the period 6,097
of time specified by law by the officer, on behalf of the 6,098
registrar of motor vehicles. You may appeal this suspension at 6,099
your initial appearance before the court that hears the charges 6,100
against you resulting from the arrest, and your initial 6,101
appearance will be conducted no later than five days after the 6,102
arrest. This suspension is independent of the penalties for the 6,103
offense, and you may be subject to other penalties upon 6,104
conviction." 6,105
(D)(1) If a person under arrest as described in division 6,107
(C)(1) of this section is not asked by a police officer to submit 6,108
to a chemical test designated as provided in division (A) of this 6,109
section, the arresting officer shall seize the Ohio or 6,110
out-of-state driver's or commercial driver's license or permit of 6,111
the person and immediately forward the seized license or permit 6,112
to the court in which the arrested person is to appear on the 6,113
charge for which the person was arrested. If the arrested person 6,114
does not have the person's driver's or commercial driver's 6,115
license or permit on his or her person or in his or her vehicle, 6,116
the arresting officer shall order the arrested person to 6,117
surrender it to the law enforcement agency that employs the 6,119
officer within twenty-four hours after the arrest, and, upon the 6,120
surrender, the officer's employing agency immediately shall
forward the license or permit to the court in which the arrested 6,122
person is to appear on the charge for which the person was 6,123
arrested. Upon receipt of the license or permit, the court shall 6,125
retain it pending the initial appearance of the arrested person 6,126
and any action taken under section 4511.196 of the Revised Code. 6,127
If a person under arrest as described in division (C)(1) of 6,129
this section is asked by a police officer to submit to a chemical 6,130
148
test designated as provided in division (A) of this section and 6,131
is advised of the consequences of the person's refusal or 6,132
submission as provided in division (C) of this section and if the 6,133
person either refuses to submit to the designated chemical test 6,134
or the person submits to the designated chemical test and the 6,135
test results indicate that the person's blood contained a 6,136
concentration of ten-hundredths of one per cent or more by weight 6,137
of alcohol, the person's breath contained a concentration of 6,138
ten-hundredths of one gram or more by weight of alcohol per two 6,139
hundred ten liters of the person's breath, or the person's urine 6,140
contained a concentration of fourteen-hundredths of one gram or 6,142
more by weight of alcohol per one hundred milliliters of the 6,143
person's urine at the time of the alleged offense, the arresting 6,145
officer shall do all of the following:
(a) On behalf of the registrar, serve a notice of 6,147
suspension upon the person that advises the person that, 6,148
independent of any penalties or sanctions imposed upon the person 6,150
pursuant to any other section of the Revised Code or any other
municipal ordinance, the person's driver's or commercial driver's 6,152
license or permit or nonresident operating privilege is 6,153
suspended, that the suspension takes effect immediately, that the 6,154
suspension will last at least until the person's initial 6,155
appearance on the charge that will be held within five days after 6,157
the date of the person's arrest or the issuance of a citation to 6,159
the person, and that the person may appeal the suspension at the 6,161
initial appearance; seize the Ohio or out-of-state driver's or 6,162
commercial driver's license or permit of the person; and 6,163
immediately forward the seized license or permit to the 6,164
registrar. If the arrested person does not have the person's
driver's or commercial driver's license or permit on his or her 6,165
person or in his or her vehicle, the arresting officer shall 6,166
order the person to surrender it to the law enforcement agency 6,167
that employs the officer within twenty-four hours after the 6,168
service of the notice of suspension, and, upon the surrender, the 6,169
149
officer's employing agency immediately shall forward the license 6,170
or permit to the registrar. 6,171
(b) Verify the current residence of the person and, if it 6,173
differs from that on the person's driver's or commercial driver's 6,174
license or permit, notify the registrar of the change; 6,175
(c) In addition to forwarding the arrested person's 6,177
driver's or commercial driver's license or permit to the 6,178
registrar, send to the registrar, within forty-eight hours after 6,179
the arrest of the person, a sworn report that includes all of the 6,180
following statements: 6,181
(i) That the officer had reasonable grounds to believe 6,183
that, at the time of the arrest, the arrested person was 6,184
operating a vehicle upon a highway or public or private property 6,185
used by the public for vehicular travel or parking within this 6,186
state while under the influence of alcohol, a drug of abuse, or 6,187
alcohol and a drug of abuse or with a prohibited concentration of 6,188
alcohol in the blood, breath, or urine; 6,189
(ii) That the person was arrested and charged with 6,191
operating a vehicle while under the influence of alcohol, a drug 6,192
of abuse, or alcohol and a drug of abuse or with operating a 6,193
vehicle with a prohibited concentration of alcohol in the blood, 6,194
breath, or urine; 6,195
(iii) That the officer asked the person to take the 6,197
designated chemical test, advised the person of the consequences 6,198
of submitting to the chemical test or refusing to take the 6,199
chemical test, and gave the person the form described in division 6,200
(C)(2) of this section; 6,201
(iv) That the person refused to submit to the chemical 6,203
test or that the person submitted to the chemical test and the 6,204
test results indicate that the person's blood contained a 6,205
concentration of ten-hundredths of one per cent or more by weight 6,207
of alcohol, the person's breath contained a concentration of 6,208
ten-hundredths of one gram or more by weight of alcohol per two 6,209
hundred ten liters of the person's breath, or the person's urine 6,210
150
contained a concentration of fourteen-hundredths of one gram or 6,212
more by weight of alcohol per one hundred milliliters of the 6,213
person's urine at the time of the alleged offense; 6,215
(v) That the officer served a notice of suspension upon 6,217
the person as described in division (D)(1)(a) of this section. 6,218
(2) The sworn report of an arresting officer completed 6,220
under division (D)(1)(c) of this section shall be given by the 6,221
officer to the arrested person at the time of the arrest or sent 6,222
to the person by regular first class mail by the registrar as 6,223
soon thereafter as possible, but no later than fourteen days 6,224
after receipt of the report. An arresting officer may give an 6,225
unsworn report to the arrested person at the time of the arrest 6,226
provided the report is complete when given to the arrested person 6,227
and subsequently is sworn to by the arresting officer. As soon 6,228
as possible, but no later than forty-eight hours after the arrest 6,229
of the person, the arresting officer shall send a copy of the 6,230
sworn report to the court in which the arrested person is to 6,231
appear on the charge for which the person was arrested. 6,232
(3) The sworn report of an arresting officer completed and 6,234
sent to the registrar and the court under divisions (D)(1)(c) and 6,235
(D)(2) of this section is prima-facie proof of the information 6,236
and statements that it contains and shall be admitted and 6,237
considered as prima-facie proof of the information and statements 6,238
that it contains in any appeal under division (H) of this section 6,239
relative to any suspension of a person's driver's or commercial 6,240
driver's license or permit or nonresident operating privilege 6,241
that results from the arrest covered by the report. 6,242
(E)(1) Upon receipt of the sworn report of an arresting 6,244
officer completed and sent to the registrar and a court pursuant 6,245
to divisions (D)(1)(c) and (D)(2) of this section in regard to a 6,246
person who refused to take the designated chemical test, the 6,247
registrar shall enter into the registrar's records the fact that 6,249
the person's driver's or commercial driver's license or permit or 6,250
nonresident operating privilege was suspended by the arresting 6,251
151
officer under division (D)(1)(a) of this section and the period 6,252
of the suspension, as determined under divisions (E)(1)(a) to (d) 6,253
of this section. The suspension shall be subject to appeal as 6,254
provided in this section and shall be for whichever of the 6,255
following periods applies: 6,256
(a) If the arrested person, within five years of the date 6,258
on which the person refused the request to consent to the 6,259
chemical test, had not refused a previous request to consent to a 6,261
chemical test of the person's blood, breath, or urine to 6,262
determine its alcohol content, the period of suspension shall be 6,264
one year. If the person is a resident without a license or 6,265
permit to operate a vehicle within this state, the registrar 6,266
shall deny to the person the issuance of a driver's or commercial 6,267
driver's license or permit for a period of one year after the 6,268
date of the alleged violation.
(b) If the arrested person, within five years of the date 6,270
on which the person refused the request to consent to the 6,271
chemical test, had refused one previous request to consent to a 6,273
chemical test of the person's blood, breath, or urine to 6,274
determine its alcohol content, the period of suspension or denial 6,276
shall be two years.
(c) If the arrested person, within five years of the date 6,278
on which the person refused the request to consent to the 6,279
chemical test, had refused two previous requests to consent to a 6,281
chemical test of the person's blood, breath, or urine to 6,282
determine its alcohol content, the period of suspension or denial 6,284
shall be three years.
(d) If the arrested person, within five years of the date 6,286
on which the person refused the request to consent to the 6,287
chemical test, had refused three or more previous requests to 6,289
consent to a chemical test of the person's blood, breath, or 6,290
urine to determine its alcohol content, the period of suspension 6,292
or denial shall be five years. 6,293
(2) The suspension or denial imposed under division (E)(1) 6,295
152
of this section shall continue for the entire one-year, two-year, 6,296
three-year, or five-year period, subject to appeal as provided in 6,297
this section and subject to termination as provided in division 6,298
(K) of this section. 6,299
(F) Upon receipt of the sworn report of an arresting 6,301
officer completed and sent to the registrar and a court pursuant 6,302
to divisions (D)(1)(c) and (D)(2) of this section in regard to a 6,303
person whose test results indicate that the person's blood 6,304
contained a concentration of ten-hundredths of one per cent or 6,306
more by weight of alcohol, the person's breath contained a 6,307
concentration of ten-hundredths of one gram or more by weight of 6,308
alcohol per two hundred ten liters of the person's breath, or the 6,310
person's urine contained a concentration of fourteen-hundredths 6,311
of one gram or more by weight of alcohol per one hundred 6,312
milliliters of the person's urine at the time of the alleged 6,313
offense, the registrar shall enter into the registrar's records 6,314
the fact that the person's driver's or commercial driver's 6,316
license or permit or nonresident operating privilege was
suspended by the arresting officer under division (D)(1)(a) of 6,317
this section and the period of the suspension, as determined 6,318
under divisions (F)(1) to (4) of this section. The suspension 6,319
shall be subject to appeal as provided in this section and shall 6,320
be for whichever of the following periods that applies: 6,321
(1) Except when division (F)(2), (3), or (4) of this 6,323
section applies and specifies a different period of suspension or 6,324
denial, the period of the suspension or denial shall be ninety 6,325
days.
(2) If the person has been convicted, within ten years of 6,327
the date the test was conducted, of one violation of division (A) 6,329
or (B) of section 4511.19 of the Revised Code, a municipal 6,330
ordinance relating to operating a vehicle while under the 6,331
influence of alcohol, a drug of abuse, or alcohol and a drug of 6,332
abuse, a municipal ordinance relating to operating a vehicle with 6,333
a prohibited concentration of alcohol in the blood, breath, or 6,334
153
urine, section 2903.04 of the Revised Code in a case in which the 6,335
offender was subject to the sanctions described in division (D) 6,336
of that section, or section 2903.06, 2903.07, or 2903.08 of the 6,337
Revised Code or a municipal ordinance that is substantially
similar to section 2903.07 of the Revised Code in a case in which 6,338
the jury or judge found that at the time of the commission of the 6,339
offense the offender was under the influence of alcohol, a drug 6,340
of abuse, or alcohol and a drug of abuse, or a statute of THE 6,342
UNITED STATES OR OF any other state or a municipal ordinance of a 6,343
municipal corporation located in any other state that is 6,344
substantially similar to division (A) or (B) of section 4511.19 6,345
of the Revised Code, the period of the suspension or denial shall 6,346
be one year.
(3) If the person has been convicted, within ten years of 6,348
the date the test was conducted, of two violations of a statute 6,349
or ordinance described in division (F)(2) of this section, the 6,351
period of the suspension or denial shall be two years.
(4) If the person has been convicted, within ten years of 6,353
the date the test was conducted, of more than two violations of a 6,354
statute or ordinance described in division (F)(2) of this 6,355
section, the period of the suspension or denial shall be three 6,356
years. 6,357
(G)(1) A suspension of a person's driver's or commercial 6,359
driver's license or permit or nonresident operating privilege 6,360
under division (D)(1)(a) of this section for the period of time 6,361
described in division (E) or (F) of this section is effective 6,362
immediately from the time at which the arresting officer serves 6,363
the notice of suspension upon the arrested person. Any 6,364
subsequent finding that the person is not guilty of the charge 6,365
that resulted in the person being requested to take, or in the 6,367
person taking, the chemical test or tests under division (A) of 6,368
this section affects the suspension only as described in division 6,369
(H)(2) of this section. 6,370
(2) If a person is arrested for operating a vehicle while 6,372
154
under the influence of alcohol, a drug of abuse, or alcohol and a 6,373
drug of abuse or for operating a vehicle with a prohibited 6,374
concentration of alcohol in the blood, breath, or urine and 6,375
regardless of whether the person's driver's or commercial 6,376
driver's license or permit or nonresident operating privilege is 6,377
or is not suspended under division (E) or (F) of this section, 6,378
the person's initial appearance on the charge resulting from the 6,379
arrest shall be held within five days of the person's arrest or 6,380
the issuance of the citation to the person, subject to any 6,381
continuance granted by the court pursuant to division (H)(1) of 6,383
this section regarding the issues specified in that division. 6,384
(H)(1) If a person is arrested for operating a vehicle 6,386
while under the influence of alcohol, a drug of abuse, or alcohol 6,387
and a drug of abuse or for operating a vehicle with a prohibited 6,388
concentration of alcohol in the blood, breath, or urine and if 6,389
the person's driver's or commercial driver's license or permit or 6,390
nonresident operating privilege is suspended under division (E) 6,391
or (F) of this section, the person may appeal the suspension at 6,392
the person's initial appearance on the charge resulting from the 6,395
arrest in the court in which the person will appear on that 6,396
charge. If the person appeals the suspension at the person's 6,397
initial appearance, the appeal does not stay the operation of the 6,398
suspension. Subject to division (H)(2) of this section, no court 6,399
has jurisdiction to grant a stay of a suspension imposed under 6,400
division (E) or (F) of this section, and any order issued by any 6,401
court that purports to grant a stay of any suspension imposed 6,402
under either of those divisions shall not be given administrative 6,403
effect.
If the person appeals the suspension at the person's 6,405
initial appearance, either the person or the registrar may 6,406
request a continuance of the appeal. Either the person or the 6,408
registrar shall make the request for a continuance of the appeal 6,409
at the same time as the making of the appeal. If either the 6,410
person or the registrar requests a continuance of the appeal, the 6,411
155
court may grant the continuance. The court also may continue the 6,412
appeal on its own motion. The granting of a continuance applies 6,413
only to the conduct of the appeal of the suspension and does not 6,414
extend the time within which the initial appearance must be 6,415
conducted, and the court shall proceed with all other aspects of 6,416
the initial appearance in accordance with its normal procedures. 6,417
Neither the request for nor the granting of a continuance stays 6,418
the operation of the suspension that is the subject of the 6,419
appeal.
If the person appeals the suspension at the person's 6,421
initial appearance, the scope of the appeal is limited to 6,422
determining whether one or more of the following conditions have 6,423
not been met: 6,424
(a) Whether the law enforcement officer had reasonable 6,426
ground to believe the arrested person was operating a vehicle 6,427
upon a highway or public or private property used by the public 6,428
for vehicular travel or parking within this state while under the 6,429
influence of alcohol, a drug of abuse, or alcohol and a drug of 6,430
abuse or with a prohibited concentration of alcohol in the blood, 6,431
breath, or urine and whether the arrested person was in fact 6,432
placed under arrest; 6,433
(b) Whether the law enforcement officer requested the 6,435
arrested person to submit to the chemical test designated 6,436
pursuant to division (A) of this section; 6,437
(c) Whether the arresting officer informed the arrested 6,439
person of the consequences of refusing to be tested or of 6,440
submitting to the test; 6,441
(d) Whichever of the following is applicable: 6,443
(i) Whether the arrested person refused to submit to the 6,445
chemical test requested by the officer; 6,446
(ii) Whether the chemical test results indicate that the 6,448
arrested person's blood contained a concentration of 6,449
ten-hundredths of one per cent or more by weight of alcohol, the 6,451
person's breath contained a concentration of ten-hundredths of 6,453
156
one gram or more by weight of alcohol per two hundred ten liters 6,454
of the person's breath, or the person's urine contained a 6,455
concentration of fourteen-hundredths of one gram or more by 6,457
weight of alcohol per one hundred milliliters of the person's 6,458
urine at the time of the alleged offense.
(2) If the person appeals the suspension at the initial 6,460
appearance, the judge or referee of the court or the mayor of the 6,461
mayor's court shall determine whether one or more of the 6,462
conditions specified in divisions (H)(1)(a) to (d) of this 6,463
section have not been met. The person who appeals the suspension 6,464
has the burden of proving, by a preponderance of the evidence, 6,465
that one or more of the specified conditions has not been met. 6,466
If during the appeal at the initial appearance the judge or 6,467
referee of the court or the mayor of the mayor's court determines 6,468
that all of those conditions have been met, the judge, referee, 6,469
or mayor shall uphold the suspension, shall continue the 6,470
suspension, and shall notify the registrar of the decision on a 6,471
form approved by the registrar. Except as otherwise provided in 6,472
division (H)(2) of this section, if the suspension is upheld or 6,473
if the person does not appeal the suspension at the person's 6,474
initial appearance under division (H)(1) of this section, the 6,475
suspension shall continue until the complaint alleging the 6,476
violation for which the person was arrested and in relation to 6,477
which the suspension was imposed is adjudicated on the merits by 6,478
the judge or referee of the trial court or by the mayor of the 6,479
mayor's court. If the suspension was imposed under division (E) 6,480
of this section and it is continued under this division, any 6,481
subsequent finding that the person is not guilty of the charge 6,482
that resulted in the person being requested to take the chemical 6,483
test or tests under division (A) of this section does not 6,484
terminate or otherwise affect the suspension. If the suspension 6,485
was imposed under division (F) of this section and it is 6,486
continued under this division, the suspension shall terminate if, 6,487
for any reason, the person subsequently is found not guilty of 6,488
157
the charge that resulted in the person taking the chemical test 6,489
or tests under division (A) of this section. 6,490
If, during the appeal at the initial appearance, the judge 6,492
or referee of the trial court or the mayor of the mayor's court 6,493
determines that one or more of the conditions specified in 6,494
divisions (H)(1)(a) to (d) of this section have not been met, the 6,495
judge, referee, or mayor shall terminate the suspension, subject 6,496
to the imposition of a new suspension under division (B) of 6,497
section 4511.196 of the Revised Code; shall notify the registrar 6,498
of the decision on a form approved by the registrar; and, except 6,499
as provided in division (B) of section 4511.196 of the Revised 6,501
Code, shall order the registrar to return the driver's or 6,502
commercial driver's license or permit to the person or to take 6,503
such measures as may be necessary, if the license or permit was 6,504
destroyed under section 4507.55 of the Revised Code, to permit 6,505
the person to obtain a replacement driver's or commercial 6,506
driver's license or permit from the registrar or a deputy 6,507
registrar in accordance with that section. The court also shall 6,508
issue to the person a court order, valid for not more than ten 6,509
days from the date of issuance, granting the person operating 6,510
privileges for that period of time.
If the person appeals the suspension at the initial 6,512
appearance, the registrar shall be represented by the prosecuting 6,513
attorney of the county in which the arrest occurred if the 6,514
initial appearance is conducted in a juvenile court or county 6,515
court, except that if the arrest occurred within a city or 6,516
village within the jurisdiction of the county court in which the 6,517
appeal is conducted, the city director of law or village 6,518
solicitor of that city or village shall represent the registrar. 6,519
If the appeal is conducted in a municipal court, the registrar 6,520
shall be represented as provided in section 1901.34 of the 6,521
Revised Code. If the appeal is conducted in a mayor's court, the 6,522
registrar shall be represented by the city director of law, 6,523
village solicitor, or other chief legal officer of the municipal 6,524
158
corporation that operates that mayor's court. 6,525
(I)(1) If a person's driver's or commercial driver's 6,527
license or permit or nonresident operating privilege has been 6,528
suspended pursuant to division (E) of this section, and the 6,529
person, within the preceding seven years, has refused three 6,530
previous requests to consent to a chemical test of the person's 6,532
blood, breath, or urine to determine its alcohol content or has
been convicted of or pleaded guilty to three or more violations 6,534
of division (A) or (B) of section 4511.19 of the Revised Code, a 6,535
municipal ordinance relating to operating a vehicle while under 6,536
the influence of alcohol, a drug of abuse, or alcohol and a drug 6,537
of abuse, a municipal ordinance relating to operating a vehicle 6,538
with a prohibited concentration of alcohol in the blood, breath, 6,539
or urine, section 2903.04 of the Revised Code in a case in which 6,540
the person was subject to the sanctions described in division (D) 6,541
of that section, or section 2903.06, 2903.07, or 2903.08 of the 6,542
Revised Code or a municipal ordinance that is substantially 6,543
similar to section 2903.07 of the Revised Code in a case in which 6,544
the jury or judge found that the person was under the influence 6,545
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 6,546
statute of THE UNITED STATES OR OF any other state or a municipal 6,548
ordinance of a municipal corporation located in any other state 6,549
that is substantially similar to division (A) or (B) of section 6,550
4511.19 of the Revised Code, the person is not entitled to 6,551
request, and the court shall not grant to the person, 6,552
occupational driving privileges under this division. Any other 6,553
person whose driver's or commercial driver's license or 6,554
nonresident operating privilege has been suspended pursuant to 6,555
division (E) of this section may file a petition requesting 6,556
occupational driving privileges in the COMMON PLEAS COURT, 6,557
municipal court, county court, MAYOR'S COURT, or, if the person 6,558
is a minor, juvenile court with jurisdiction over the place at 6,560
which the arrest occurred RELATED CRIMINAL OR DELINQUENCY CASE. 6,561
The petition may be filed at any time subsequent to the date on 6,562
159
which the arresting officer serves the notice of suspension IS 6,563
SERVED upon the arrested person. The person shall pay the costs 6,565
of the proceeding, notify the registrar of the filing of the 6,566
petition, and send the registrar a copy of the petition. 6,567
In the proceedings, the registrar shall be represented by 6,569
the prosecuting attorney of the county in which the arrest 6,570
occurred if the petition is filed in the juvenile court or, 6,571
county court, OR COMMON PLEAS COURT, except that, if the arrest 6,573
occurred within a city or village within the jurisdiction of the 6,576
county court in which the petition is filed, the city director of 6,577
law or village solicitor of that city or village shall represent 6,578
the registrar. If the petition is filed in the municipal court, 6,579
the registrar shall be represented as provided in section 1901.34 6,580
of the Revised Code. IF THE PETITION IS FILED IN A MAYOR'S 6,581
COURT, THE REGISTRAR SHALL BE REPRESENTED BY THE CITY DIRECTOR OF 6,582
LAW, VILLAGE SOLICITOR, OR OTHER CHIEF LEGAL OFFICER OF THE 6,583
MUNICIPAL CORPORATION THAT OPERATES THE MAYOR'S COURT.
The court, if it finds reasonable cause to believe that 6,585
suspension would seriously affect the person's ability to 6,586
continue in the person's employment, may grant the person 6,587
occupational driving privileges during the period of suspension 6,589
imposed pursuant to division (E) of this section, subject to the 6,590
limitations contained in this division and division (I)(2) of 6,591
this section. The court may grant the occupational driving 6,592
privileges, subject to the limitations contained in this division 6,593
and division (I)(2) of this section, regardless of whether the 6,594
person appeals the suspension at the person's initial appearance 6,596
under division (H)(1) of this section or appeals the decision of 6,597
the court made pursuant to the appeal conducted at the initial 6,598
appearance, and, if the person has appealed the suspension or 6,599
decision, regardless of whether the matter at issue has been 6,600
heard or decided by the court. The court shall not grant 6,601
occupational driving privileges to any person who, within seven 6,602
years of the filing of the petition, has refused three previous 6,603
160
requests to consent to a chemical test of the person's blood, 6,605
breath, or urine to determine its alcohol content or has been 6,606
convicted of or pleaded guilty to three or more violations of 6,607
division (A) or (B) of section 4511.19 of the Revised Code, a 6,608
municipal ordinance relating to operating a vehicle while under 6,609
the influence of alcohol, a drug of abuse, or alcohol and a drug 6,610
of abuse, a municipal ordinance relating to operating a vehicle 6,611
with a prohibited concentration of alcohol in the blood, breath, 6,612
or urine, section 2903.04 of the Revised Code in a case in which 6,613
the person was subject to the sanctions described in division (D) 6,614
of that section, or section 2903.06, 2903.07, or 2903.08 of the 6,615
Revised Code or a municipal ordinance that is substantially 6,616
similar to section 2903.07 of the Revised Code in a case in which 6,617
the jury or judge found that the person was under the influence 6,618
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 6,619
statute of THE UNITED STATES OR OF any other state or a municipal 6,621
ordinance of a municipal corporation located in any other state 6,622
that is substantially similar to division (A) or (B) of section 6,623
4511.19 of the Revised Code, and shall not grant occupational 6,624
driving privileges for employment as a driver of commercial motor 6,625
vehicles to any person who is disqualified from operating a 6,626
commercial motor vehicle under section 2301.374 or 4506.16 of the 6,627
Revised Code.
(2)(a) In granting occupational driving privileges under 6,629
division (I)(1) of this section, the court may impose any 6,630
condition it considers reasonable and necessary to limit the use 6,631
of a vehicle by the person. The court shall deliver to the 6,632
person a permit card, in a form to be prescribed by the court, 6,633
setting forth the time, place, and other conditions limiting the 6,634
defendant's use of a vehicle. The grant of occupational driving 6,635
privileges shall be conditioned upon the person's having the 6,636
permit in the person's possession at all times during which the 6,638
person is operating a vehicle. 6,639
A person granted occupational driving privileges who 6,641
161
operates a vehicle for other than occupational purposes, in 6,642
violation of any condition imposed by the court, or without 6,643
having the permit in the person's possession, is guilty of a 6,644
violation of section 4507.02 of the Revised Code. 6,646
(b) The court may not grant a person occupational driving 6,648
privileges under division (I)(1) of this section when prohibited 6,649
by a limitation contained in that division or during any of the 6,650
following periods of time: 6,651
(i) The first thirty days of suspension imposed upon a 6,653
person who, within five years of the date on which the person 6,654
refused the request to consent to a chemical test of the person's 6,656
blood, breath, or urine to determine its alcohol content and for 6,658
which refusal the suspension was imposed, had not refused a 6,659
previous request to consent to a chemical test of the person's 6,660
blood, breath, or urine to determine its alcohol content; 6,662
(ii) The first ninety days of suspension imposed upon a 6,664
person who, within five years of the date on which the person 6,665
refused the request to consent to a chemical test of the person's 6,667
blood, breath, or urine to determine its alcohol content and for 6,669
which refusal the suspension was imposed, had refused one 6,670
previous request to consent to a chemical test of the person's 6,671
blood, breath, or urine to determine its alcohol content; 6,673
(iii) The first year of suspension imposed upon a person 6,675
who, within five years of the date on which the person refused 6,677
the request to consent to a chemical test of the person's blood, 6,679
breath, or urine to determine its alcohol content and for which 6,680
refusal the suspension was imposed, had refused two previous 6,681
requests to consent to a chemical test of the person's blood, 6,682
breath, or urine to determine its alcohol content; 6,684
(iv) The first three years of suspension imposed upon a 6,686
person who, within five years of the date on which the person 6,687
refused the request to consent to a chemical test of the person's 6,689
blood, breath, or urine to determine its alcohol content and for 6,691
which refusal the suspension was imposed, had refused three or 6,692
162
more previous requests to consent to a chemical test of the 6,693
person's blood, breath, or urine to determine its alcohol 6,695
content.
(3) The court shall give information in writing of any 6,697
action taken under this section to the registrar. 6,698
(4) If a person's driver's or commercial driver's license 6,700
or permit or nonresident operating privilege has been suspended 6,701
pursuant to division (F) of this section, and the person, within 6,702
the preceding seven years, has been convicted of or pleaded 6,703
guilty to three or more violations of division (A) or (B) of 6,704
section 4511.19 of the Revised Code, a municipal ordinance 6,705
relating to operating a vehicle while under the influence of 6,706
alcohol, a drug of abuse, or alcohol and a drug of abuse, a 6,707
municipal ordinance relating to operating a vehicle with a 6,708
prohibited concentration of alcohol in the blood, breath, or 6,709
urine, section 2903.04 of the Revised Code in a case in which the 6,710
person was subject to the sanctions described in division (D) of 6,711
that section, or section 2903.06, 2903.07, or 2903.08 of the 6,712
Revised Code or a municipal ordinance that is substantially 6,713
similar to section 2903.07 of the Revised Code in a case in which 6,714
the jury or judge found that the person was under the influence 6,715
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 6,716
statute of THE UNITED STATES OR OF any other state or a municipal 6,718
ordinance of a municipal corporation located in any other state 6,719
that is substantially similar to division (A) or (B) of section 6,720
4511.19 of the Revised Code, the person is not entitled to 6,721
request, and the court shall not grant to the person, 6,722
occupational driving privileges under this division. Any other 6,723
person whose driver's or commercial driver's license or 6,724
nonresident operating privilege has been suspended pursuant to 6,725
division (F) of this section may file in the court specified in 6,726
division (I)(1) of this section a petition requesting 6,727
occupational driving privileges in accordance with section 6,728
4507.16 of the Revised Code. The petition may be filed at any 6,729
163
time subsequent to the date on which the arresting officer serves 6,730
the notice of suspension upon the arrested person. Upon the 6,731
making of the request, occupational driving privileges may be
granted in accordance with section 4507.16 of the Revised Code. 6,732
The court may grant the occupational driving privileges, subject 6,733
to the limitations contained in section 4507.16 of the Revised 6,734
Code, regardless of whether the person appeals the suspension at 6,735
the person's initial appearance under division (H)(1) of this 6,737
section or appeals the decision of the court made pursuant to the 6,738
appeal conducted at the initial appearance, and, if the person 6,739
has appealed the suspension or decision, regardless of whether 6,740
the matter at issue has been heard or decided by the court. 6,741
(J) When it finally has been determined under the 6,743
procedures of this section that a nonresident's privilege to 6,744
operate a vehicle within this state has been suspended, the 6,745
registrar shall give information in writing of the action taken 6,746
to the motor vehicle administrator of the state of the person's 6,747
residence and of any state in which the person has a license. 6,748
(K) A suspension of the driver's or commercial driver's 6,750
license or permit of a resident, a suspension of the operating 6,751
privilege of a nonresident, or a denial of a driver's or 6,752
commercial driver's license or permit for refusal to submit to a 6,753
chemical test to determine the alcohol, drug, or alcohol and drug 6,754
content of the person's blood, breath, or urine pursuant to 6,755
division (E) of this section, shall be terminated by the 6,756
registrar upon receipt of notice of the person's entering a plea 6,757
of guilty to, or of the person's conviction after entering a plea 6,758
of no contest under Criminal Rule 11 to, operating a vehicle 6,759
while under the influence of alcohol, a drug of abuse, or alcohol 6,760
and a drug of abuse or with a prohibited concentration of alcohol 6,761
in the blood, breath, or urine, if the offense for which the plea 6,762
is entered arose from the same incident that led to the 6,763
suspension or denial. 6,764
The registrar shall credit against any judicial suspension 6,766
164
of a person's driver's or commercial driver's license or permit 6,767
or nonresident operating privilege imposed pursuant to division 6,768
(B) or (E) of section 4507.16 of the Revised Code any time during 6,769
which the person serves a related suspension imposed pursuant to 6,770
division (E) or (F) of this section. 6,771
(L) At the end of a suspension period under this section, 6,773
section 4511.196, or division (B) of section 4507.16 of the 6,774
Revised Code and upon the request of the person whose driver's or 6,775
commercial driver's license or permit was suspended and who is 6,776
not otherwise subject to suspension, revocation, or 6,777
disqualification, the registrar shall return the driver's or 6,778
commercial driver's license or permit to the person upon the 6,779
occurrence of all of the following: 6,780
(1) A showing by the person that the person had proof of 6,782
financial responsibility, a policy of liability insurance in 6,784
effect that meets the minimum standards set forth in section 6,785
4509.51 of the Revised Code, or proof, to the satisfaction of the 6,786
registrar, that the person is able to respond in damages in an 6,787
amount at least equal to the minimum amounts specified in section 6,788
4509.51 of the Revised Code. 6,789
(2) Payment by the person of a license reinstatement fee 6,791
of two hundred eighty dollars to the bureau of motor vehicles, 6,793
which fee shall be deposited in the state treasury and credited 6,794
as follows: 6,795
(a) Seventy-five dollars shall be credited to the drivers' 6,797
treatment and intervention fund, which is hereby established. 6,798
The fund shall be used to pay the costs of driver treatment and 6,799
intervention programs operated pursuant to sections 3793.02 and 6,800
3793.10 of the Revised Code. The director of alcohol and drug 6,801
addiction services shall determine the share of the fund that is 6,802
to be allocated to alcohol and drug addiction programs authorized 6,803
by section 3793.02 of the Revised Code, and the share of the fund 6,804
that is to be allocated to drivers' intervention programs 6,805
authorized by section 3793.10 of the Revised Code. 6,806
165
(b) Fifty dollars shall be credited to the reparations 6,808
fund created by section 2743.191 of the Revised Code. 6,809
(c) Twenty-five dollars shall be credited to the indigent 6,811
drivers alcohol treatment fund, which is hereby established. 6,812
Except as otherwise provided in division (L)(2)(c) of this 6,814
section, moneys in the fund shall be distributed by the 6,815
department of alcohol and drug addiction services to the county 6,816
indigent drivers alcohol treatment funds, the county juvenile 6,817
indigent drivers alcohol treatment funds, and the municipal 6,818
indigent drivers treatment funds that are required to be 6,819
established by counties and municipal corporations pursuant to 6,820
division (N) of this section, and shall be used only to pay the 6,821
cost of an alcohol and drug addiction treatment program attended 6,822
by an offender or juvenile traffic offender who is ordered to 6,823
attend an alcohol and drug addiction treatment program by a 6,824
county, juvenile, or municipal court judge and who is determined 6,825
by the county, juvenile, or municipal court judge not to have the 6,826
means to pay for attendance at the program. Moneys in the fund 6,827
that are not distributed to a county indigent drivers alcohol 6,828
treatment fund, a county juvenile indigent drivers alcohol 6,829
treatment fund, or a municipal indigent drivers alcohol treatment 6,830
fund under division (N) of this section because the director of 6,831
alcohol and drug addiction services does not have the information 6,832
necessary to identify the county or municipal corporation where 6,833
the offender or juvenile offender was arrested may be transferred 6,834
by the director of budget and management to the drivers'
treatment and intervention fund, created in division (L)(2)(a) of 6,835
this section, upon certification of the amount by the director of 6,836
alcohol and drug addiction services. 6,837
(d) Fifty dollars shall be credited to the Ohio 6,839
rehabilitation services commission established by section 3304.12 6,840
of the Revised Code, to the services for rehabilitation fund, 6,841
which is hereby established. The fund shall be used to match 6,842
available federal matching funds where appropriate, and for any 6,843
166
other purpose or program of the commission to rehabilitate people 6,844
with disabilities to help them become employed and independent. 6,845
(e) Fifty dollars shall be deposited into the state 6,847
treasury and credited to the drug abuse resistance education 6,848
programs fund, which is hereby established, to be used by the 6,849
attorney general for the purposes specified in division (L)(2)(e) 6,850
of this section. 6,851
(f) Thirty dollars shall be credited to the state bureau 6,853
of motor vehicles fund created by section 4501.25 of the Revised 6,854
Code.
The attorney general shall use amounts in the drug abuse 6,856
resistance education programs fund to award grants to law 6,857
enforcement agencies to establish and implement drug abuse 6,858
resistance education programs in public schools. Grants awarded 6,859
to a law enforcement agency under division (L)(2)(e) of this 6,860
section shall be used by the agency to pay for not more than 6,861
fifty per cent of the amount of the salaries of law enforcement 6,862
officers who conduct drug abuse resistance education programs in 6,863
public schools. The attorney general shall not use more than six 6,864
per cent of the amounts the attorney general's office receives 6,866
under division (L)(2)(e) of this section to pay the costs it 6,867
incurs in administering the grant program established by division 6,868
(L)(2)(e) of this section and in providing training and materials 6,869
relating to drug abuse resistance education programs. 6,870
The attorney general shall report to the governor and the 6,872
general assembly each fiscal year on the progress made in 6,873
establishing and implementing drug abuse resistance education 6,874
programs. These reports shall include an evaluation of the 6,875
effectiveness of these programs. 6,876
(M) Suspension of a commercial driver's license under 6,878
division (E) or (F) of this section shall be concurrent with any 6,879
period of disqualification under section 2301.374 or 4506.16 of 6,880
the Revised Code. No person who is disqualified for life from 6,881
holding a commercial driver's license under section 4506.16 of 6,882
167
the Revised Code shall be issued a driver's license under Chapter 6,883
4507. of the Revised Code during the period for which the 6,884
commercial driver's license was suspended under division (E) or 6,885
(F) of this section, and no person whose commercial driver's 6,886
license is suspended under division (E) or (F) of this section 6,887
shall be issued a driver's license under that chapter during the 6,888
period of the suspension. 6,889
(N)(1) Each county shall establish an indigent drivers 6,891
alcohol treatment fund, each county shall establish a juvenile 6,892
indigent drivers alcohol treatment fund, and each municipal 6,893
corporation in which there is a municipal court shall establish 6,894
an indigent drivers alcohol treatment fund. All revenue that the 6,895
general assembly appropriates to the indigent drivers alcohol 6,896
treatment fund for transfer to a county indigent drivers alcohol 6,897
treatment fund, a county juvenile indigent drivers alcohol 6,898
treatment fund, or a municipal indigent drivers alcohol treatment 6,899
fund, all portions of fees that are paid under division (L) of 6,900
this section and that are credited under that division to the 6,901
indigent drivers alcohol treatment fund in the state treasury for 6,902
a county indigent drivers alcohol treatment fund, a county 6,903
juvenile indigent drivers alcohol treatment fund, or a municipal 6,904
indigent drivers alcohol treatment fund, and all portions of 6,905
fines that are specified for deposit into a county or municipal 6,906
indigent drivers alcohol treatment fund by section 4511.193 of 6,907
the Revised Code shall be deposited into that county indigent 6,908
drivers alcohol treatment fund, county juvenile indigent drivers 6,909
alcohol treatment fund, or municipal indigent drivers alcohol 6,910
treatment fund in accordance with division (N)(2) of this 6,911
section. Additionally, all portions of fines that are paid for a 6,912
violation of section 4511.19 of the Revised Code or division 6,913
(B)(2) of section 4507.02 of the Revised Code, and that are 6,914
required under division (A)(1) or (2) of section 4511.99 or 6,915
division (B)(5) of section 4507.99 of the Revised Code to be 6,916
deposited into a county indigent drivers alcohol treatment fund 6,917
168
or municipal indigent drivers alcohol treatment fund shall be 6,918
deposited into the appropriate fund in accordance with the 6,919
applicable division. 6,920
(2) That portion of the license reinstatement fee that is 6,922
paid under division (L) of this section and that is credited 6,923
under that division to the indigent drivers alcohol treatment 6,924
fund shall be deposited into a county indigent drivers alcohol 6,925
treatment fund, a county juvenile indigent drivers alcohol 6,926
treatment fund, or a municipal indigent drivers alcohol treatment 6,927
fund as follows: 6,928
(a) If the suspension in question was imposed under this 6,930
section, that portion of the fee shall be deposited as follows: 6,931
(i) If the fee is paid by a person who was charged in a 6,933
county court with the violation that resulted in the suspension, 6,934
the portion shall be deposited into the county indigent drivers 6,935
alcohol treatment fund under the control of that court; 6,936
(ii) If the fee is paid by a person who was charged in a 6,938
juvenile court with the violation that resulted in the 6,939
suspension, the portion shall be deposited into the county 6,940
juvenile indigent drivers alcohol treatment fund established in 6,941
the county served by the court; 6,942
(iii) If the fee is paid by a person who was charged in a 6,944
municipal court with the violation that resulted in the 6,945
suspension, the portion shall be deposited into the municipal 6,946
indigent drivers alcohol treatment fund under the control of that 6,947
court. 6,948
(b) If the suspension in question was imposed under 6,950
division (B) of section 4507.16 of the Revised Code, that portion 6,951
of the fee shall be deposited as follows: 6,952
(i) If the fee is paid by a person whose license or permit 6,954
was suspended by a county court, the portion shall be deposited 6,955
into the county indigent drivers alcohol treatment fund under the 6,956
control of that court; 6,957
(ii) If the fee is paid by a person whose license or 6,959
169
permit was suspended by a municipal court, the portion shall be 6,960
deposited into the municipal indigent drivers alcohol treatment 6,961
fund under the control of that court. 6,962
(3) Expenditures from a county indigent drivers alcohol 6,964
treatment fund, a county juvenile indigent drivers alcohol 6,965
treatment fund, or a municipal indigent drivers alcohol treatment 6,966
fund shall be made only upon the order of a county, juvenile, or 6,967
municipal court judge and only for payment of the cost of the 6,968
attendance at an alcohol and drug addiction treatment program of 6,969
a person who is convicted of, or found to be a juvenile traffic 6,970
offender by reason of, a violation of division (A) of section 6,971
4511.19 of the Revised Code or a substantially similar municipal 6,972
ordinance, who is ordered by the court to attend the alcohol and 6,973
drug addiction treatment program, and who is determined by the 6,974
court to be unable to pay the cost of attendance at the treatment 6,976
program. The board of alcohol, drug addiction, and mental health 6,977
services established pursuant to section 340.02 of the Revised 6,978
Code serving the alcohol, drug addiction, and mental health 6,979
service district in which the court is located shall administer 6,980
the indigent drivers alcohol treatment program of the court. 6,981
When a court orders an offender or juvenile traffic offender to 6,982
attend an alcohol and drug addiction treatment program, the board 6,983
shall determine which program is suitable to meet the needs of 6,984
the offender or juvenile traffic offender, and when a suitable 6,985
program is located and space is available at the program, the 6,986
offender or juvenile traffic offender shall attend the program 6,987
designated by the board. A reasonable amount not to exceed five 6,988
per cent of the amounts credited to and deposited into the county 6,989
indigent drivers alcohol treatment fund, the county juvenile 6,990
indigent drivers alcohol treatment fund, or the municipal 6,991
indigent drivers alcohol treatment fund serving every court whose 6,992
program is administered by that board shall be paid to the board 6,993
to cover the costs it incurs in administering those indigent 6,994
drivers alcohol treatment programs.
170
Sec. 4511.193. (A) Twenty-five dollars of any fine 7,004
imposed for a violation of a municipal ordinance relating to 7,005
operating a vehicle while under the influence of alcohol, a drug 7,006
of abuse, or alcohol and a drug of abuse or relating to operating 7,007
a vehicle with a prohibited concentration of alcohol in the 7,008
blood, breath, or urine shall be deposited into the municipal or 7,009
county indigent drivers alcohol treatment fund created pursuant 7,010
to division (N) of section 4511.191 of the Revised Code in 7,011
accordance with this section and section 733.40, divisions (A) 7,012
and (B) of section 1901.024, division (F) of section 1901.31, or 7,013
division (C) of section 1907.20 of the Revised Code. Regardless 7,014
of whether the fine is imposed by a municipal court, a mayor's 7,015
court, or a juvenile court, if the fine was imposed for a 7,016
violation of an ordinance of a municipal corporation that is 7,017
within the jurisdiction of a municipal court, the twenty-five 7,018
dollars that is subject to this section shall be deposited into 7,019
the indigent drivers alcohol treatment fund of the municipal 7,020
corporation in which is located the municipal court that has 7,021
jurisdiction over that municipal corporation. Regardless of 7,022
whether the fine is imposed by a county court, a mayor's court, 7,023
or a juvenile court, if the fine was imposed for a violation of 7,024
an ordinance of a municipal corporation that is within the 7,025
jurisdiction of a county court, the twenty-five dollars that is 7,026
subject to this section shall be deposited into the indigent 7,027
drivers alcohol treatment fund of the county in which is located 7,028
the county court that has jurisdiction over that municipal 7,029
corporation. The deposit shall be made in accordance with 7,030
section 733.40, divisions (A) and (B) of section 1901.024, 7,031
division (F) of section 1901.31, or division (C) of section 7,032
1907.20 of the Revised Code. 7,033
(B)(1) The requirements and sanctions imposed by divisions 7,035
(B)(1) and (2) of this section are an adjunct to and derive from 7,036
the state's exclusive authority over the registration and titling 7,037
of motor vehicles and do not comprise a part of the criminal 7,038
171
sentence to be imposed upon a person who violates a municipal 7,039
ordinance relating to operating a vehicle while under the 7,040
influence of alcohol, a drug of abuse, or alcohol and a drug of 7,041
abuse or relating to operating a vehicle with a prohibited 7,042
concentration of alcohol in the blood, breath, or urine. 7,043
(2) If a person is convicted of or pleads guilty to a 7,045
municipal ordinance relating to operating a vehicle while under 7,046
the influence of alcohol, a drug of abuse, or alcohol and a drug 7,047
of abuse or relating to operating a vehicle with a prohibited 7,048
concentration of alcohol in the blood, breath, or urine and if, 7,049
within the period of time specified in division (B)(2)(a), (b), 7,051
or (c) of this section, the offender has been convicted of or 7,053
pleaded guilty to any violation of section 4511.19 of the Revised 7,054
Code, a municipal ordinance relating to operating a vehicle while 7,055
under the influence of alcohol, a drug of abuse, or alcohol and a 7,056
drug of abuse, a municipal ordinance relating to operating a 7,057
vehicle with a prohibited concentration of alcohol in the blood, 7,058
breath, or urine, section 2903.04 of the Revised Code in a case 7,059
in which the offender was subject to the sanctions described in 7,060
division (D) of that section, section 2903.06, 2903.07, or 7,061
2903.08 of the Revised Code, or a municipal ordinance that is 7,062
substantially similar to section 2903.07 of the Revised Code in a 7,063
case in which the jury or judge found that the offender was under 7,064
the influence of alcohol, a drug of abuse, or alcohol and a drug 7,065
of abuse, or a statute of THE UNITED STATES OR OF any other state 7,066
or a municipal ordinance of a municipal corporation located in 7,067
any other state that is substantially similar to division (A) or 7,068
(B) of section 4511.19 of the Revised Code, or if the other 7,069
circumstances described in division (B)(2)(c) of this section 7,070
apply, the court, in addition to and independent of any sentence 7,072
that it imposes upon the offender for the offense, regardless of 7,073
whether the vehicle the offender was operating at the time of the 7,074
offense is registered in the offender's name or in the name of 7,075
another person, and subject to section 4503.235 of the Revised 7,076
172
Code, shall do whichever of the following is applicable: 7,077
(a) Except as otherwise provided in division (B)(2)(c) of 7,080
this section, if, within six years of the current offense, the 7,081
offender has been convicted of or pleaded guilty to one violation 7,082
described in division (B)(2) of this section, the court shall 7,083
order the immobilization for ninety days of the vehicle the 7,084
offender was operating at the time of the offense and the 7,085
impoundment for ninety days of the license plates of that 7,087
vehicle. The order for the immobilization and impoundment shall 7,088
be issued and enforced in accordance with section 4503.233 of the 7,089
Revised Code.
(b) Except as otherwise provided in division (B)(2)(c) of 7,092
this section, if, within six years of the current offense, the 7,093
offender has been convicted of or pleaded guilty to two 7,094
violations described in division (B)(2) of this section, the 7,095
court shall order the immobilization for one hundred eighty days 7,096
of the vehicle the offender was operating at the time of the 7,097
offense and the impoundment for one hundred eighty days of the 7,098
license plates of that vehicle. The order for the immobilization 7,100
and impoundment shall be issued and enforced in accordance with 7,101
section 4503.233 of the Revised Code.
(c) If, within six years of the current offense, the 7,103
offender has been convicted of or pleaded guilty to three or more 7,104
violations described in division (B)(2) of this section, or if 7,105
the offender previously has been convicted of or pleaded guilty 7,106
to a violation of division (A) of section 4511.19 of the Revised 7,107
Code under circumstances in which the violation was a felony and 7,108
regardless of when the violation and the conviction or guilty 7,109
plea occurred, the court shall order the criminal forfeiture to 7,110
the state of the vehicle the offender was operating at the time 7,111
of the offense. The order of criminal forfeiture shall be issued 7,112
and enforced in accordance with section 4503.234 of the Revised 7,113
Code.
Sec. 4511.195. (A) As used in this section: 7,124
173
(1) "Vehicle operator" means a person who is operating a 7,126
vehicle at the time it is seized under division (B) of this 7,127
section. 7,128
(2) "Vehicle owner" means either of the following: 7,130
(a) The person in whose name is registered, at the time of 7,133
the seizure, a vehicle that is seized under division (B) of this 7,134
section;
(b) A person to whom the certificate of title to a vehicle 7,136
that is seized under division (B) of this section has been 7,137
assigned and who has not obtained a certificate of title to the 7,138
vehicle in that person's name, but who is deemed by the court as 7,139
being the owner of the vehicle at the time the vehicle was seized 7,140
under division (B) of this section.
(3) "Municipal OMVI ordinance" means any municipal 7,142
ordinance prohibiting the operation of a vehicle while under the 7,143
influence of alcohol, a drug of abuse, or alcohol and a drug of 7,144
abuse or prohibiting the operation of a vehicle with a prohibited 7,145
concentration of alcohol in the blood, breath, or urine. 7,146
(4) "Interested party" includes the owner of a vehicle 7,149
seized under this section, all lienholders, the defendant, the 7,150
owner of the place of storage at which a vehicle seized under 7,151
this section is stored, and the person or entity that caused the 7,152
vehicle to be removed. 7,153
(B)(1) If a person is arrested for a violation of division 7,155
(A) of section 4511.19 of the Revised Code or of a municipal OMVI 7,156
ordinance and, within six years of the alleged violation, the 7,158
person previously has been convicted of or pleaded guilty to one
or more violations of division (A) or (B) of section 4511.19 of 7,159
the Revised Code, a municipal OMVI ordinance, section 2903.04 of 7,160
the Revised Code in a case in which the offender was subject to 7,161
the sanctions described in division (D) of that section, or 7,162
section 2903.06, 2903.07, or 2903.08 of the Revised Code or a 7,163
municipal ordinance that is substantially similar to section 7,164
2903.07 of the Revised Code in a case in which the jury or judge 7,165
174
found that the offender was under the influence of alcohol, a 7,166
drug of abuse, or alcohol and a drug of abuse, A STATUTE OF THE 7,168
UNITED STATES OR OF ANY OTHER STATE OR A MUNICIPAL ORDINANCE OF A 7,169
MUNICIPAL CORPORATION LOCATED IN ANY OTHER STATE THAT IS 7,170
SUBSTANTIALLY SIMILAR TO DIVISION (A) OR (B) OF SECTION 4511.19 7,171
OF THE REVISED CODE, or if a person is arrested for a violation 7,172
of division (A) of section 4511.19 of the Revised Code or of a 7,173
municipal OMVI ordinance and the person previously has been 7,174
convicted of or pleaded guilty to a violation of division (A) of 7,175
section 4511.19 of the Revised Code under circumstances in which 7,176
the violation was a felony, regardless of when the prior felony 7,178
violation of division (A) of section 4511.19 of the Revised Code
and the conviction or guilty plea occurred, the arresting officer 7,179
or another officer of the law enforcement agency that employs the 7,180
arresting officer, in addition to any action that the arresting 7,181
officer is required or authorized to take by section 4511.191 of 7,182
the Revised Code or by any other provision of law, shall seize 7,183
the vehicle that the person was operating at the time of the 7,184
alleged offense and its license plates. Except as otherwise 7,185
provided in this division, the officer shall seize the vehicle 7,186
and its license plates regardless of whether the vehicle is 7,188
registered in the name of the person who was operating it or in 7,189
the name of another person or entity. This section does not
apply to or affect any rented or leased vehicle that is being 7,190
rented or leased for a period of thirty days or less, except that 7,192
a law enforcement agency that employs a law enforcement officer 7,193
who makes an arrest of a type that is described in division 7,194
(B)(1) of this section and that involves a rented or leased 7,195
vehicle of this type shall notify, within twenty-four hours after 7,196
the officer makes the arrest, the lessor or owner of the vehicle 7,197
regarding the circumstances of the arrest and the location at
which the vehicle may be picked up. At the time of the seizure 7,199
of the vehicle, the law enforcement officer who made the arrest 7,200
shall give the vehicle operator written notice that the vehicle 7,201
175
and its license plates have been seized; that the vehicle either 7,202
will be kept by the officer's law enforcement agency or will be 7,203
immobilized at least until the operator's initial appearance on 7,204
the charge of the offense for which the arrest was made; that, at 7,205
the initial appearance, the court in certain circumstances may 7,206
order that the vehicle and license plates be released to the 7,208
vehicle owner until the disposition of that charge; that, if the 7,209
vehicle operator is convicted of that charge, the court generally 7,210
must order the immobilization of the vehicle and the impoundment 7,211
of its license plates, or the forfeiture of the vehicle; and 7,212
that, if the operator is not the vehicle owner, the operator 7,213
immediately should inform the vehicle owner that the vehicle and 7,214
its license plates have been seized and that the vehicle owner 7,215
may be able to obtain their return or release at the initial 7,216
appearance or thereafter. 7,217
(2) The arresting officer or a law enforcement officer of 7,219
the agency that employs the arresting officer shall give written 7,220
notice of the seizure to the court that will conduct the initial 7,221
appearance of the vehicle operator the vehicle operator. The 7,222
notice shall be given when the charges are filed against the 7,223
vehicle operator. Upon receipt of the notice, the court promptly 7,224
shall determine whether the vehicle operator is the vehicle owner 7,225
and whether there are any liens recorded on the certificate of 7,226
title to the vehicle. If the court determines that the vehicle 7,227
operator is not the vehicle owner, it promptly shall send by 7,228
regular mail written notice of the seizure of the motor vehicle 7,229
to the vehicle owner and to all lienholders recorded on the 7,230
certificate of title. The written notice to the vehicle owner 7,231
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 7,232
the vehicle operator and also shall specify the date, time, and 7,233
place of the vehicle operator's initial appearance the vehicle 7,234
operator. The notice to the vehicle owner also shall state that 7,236
if the vehicle is immobilized under division (A) of section 7,237
176
4503.233 of the Revised Code, seven days after the end of the 7,238
period of immobilization a law enforcement agency will send the 7,240
vehicle owner a notice, informing the vehicle owner that if the 7,241
release of the vehicle is not obtained in accordance with
division (D)(3) of section 4503.233 of the Revised Code, the 7,243
vehicle shall be forfeited. The notice also shall inform the 7,244
vehicle owner that the vehicle owner may be charged expenses or 7,245
charges incurred under this section and section 4503.233 of the 7,246
Revised Code for the removal and storage of the vehicle. 7,247
The written notice that is given to the vehicle operator or 7,249
is sent or delivered to the vehicle owner if the vehicle owner is 7,250
not the vehicle operator also shall state that if the vehicle 7,251
operator pleads guilty to or is convicted of the offense for 7,252
which the vehicle operator was arrested and the court issues an 7,253
immobilization and impoundment order relative to that vehicle,
division (D)(4) of section 4503.233 of the Revised Code prohibits 7,254
the vehicle from being sold during the period of immobilization 7,256
without the prior approval of the court.
ANY SUCH NOTICE ALSO SHALL STATE THAT IF TITLE TO A MOTOR 7,258
VEHICLE THAT IS SUBJECT TO AN ORDER FOR CRIMINAL FORFEITURE UNDER 7,259
THIS SECTION IS ASSIGNED OR TRANSFERRED AND DIVISION (C)(2) OR 7,260
(3) OF SECTION 4503.234 OF THE REVISED CODE APPLIES, THE COURT 7,261
MAY FINE THE OFFENDER THE VALUE OF THE VEHICLE.
(3) At or before the initial appearance, the vehicle owner 7,264
may file a motion requesting the court to order that the vehicle 7,265
and its license plates be released to the vehicle owner. Except
as provided in this division and subject to the payment of 7,267
expenses or charges incurred in the removal and storage of the 7,268
vehicle, the court, in its discretion, then may issue an order 7,269
releasing the vehicle and its license plates to the vehicle 7,270
owner. Such an order may be conditioned upon such terms as the 7,271
court determines appropriate, including the posting of a bond in 7,272
an amount determined by the court. If the vehicle operator is 7,273
not the vehicle owner and if the vehicle owner is not present at 7,274
177
the vehicle operator's initial appearance, and if the court 7,275
believes that the vehicle owner was not provided with adequate 7,276
notice of the initial appearance, the court, in its discretion, 7,277
may allow the vehicle owner to file a motion within seven days of 7,278
the initial appearance. If the court allows the vehicle owner to 7,279
file such a motion after the initial appearance, the extension of 7,280
time granted by the court does not extend the time within which 7,281
the initial appearance is to be conducted. If the court issues 7,282
an order for the release of the vehicle and its license plates, a 7,283
copy of the order shall be made available to the vehicle owner. 7,284
If the vehicle owner presents a copy of the order to the law 7,285
enforcement agency that employs the law enforcement officer who 7,286
arrested the person who was operating the vehicle, the law 7,287
enforcement agency promptly shall release the vehicle and its 7,288
license plates to the vehicle owner upon payment by the vehicle 7,289
owner of any expenses or charges incurred in the removal and 7,290
storage of the vehicle.
(4) A vehicle seized under division (B)(1) of this section 7,292
either shall be towed to a place specified by the law enforcement 7,293
agency that employs the arresting officer to be safely kept by 7,294
the agency at that place for the time and in the manner specified 7,295
in this section or shall be otherwise immobilized for the time 7,296
and in the manner specified in this section. A law enforcement 7,297
officer of that agency shall remove the identification license 7,298
plates of the vehicle, and they shall be safely kept by the 7,299
agency for the time and in the manner specified in this section. 7,300
No vehicle that is seized and either towed or immobilized 7,301
pursuant to this division shall be considered contraband for 7,302
purposes of section 2933.41, 2933.42, or 2933.43 of the Revised 7,303
Code. The vehicle shall not be immobilized at any place other 7,304
than a commercially operated private storage lot, a place owned 7,305
by a law enforcement agency or other government agency, or a 7,306
place to which one of the following applies: 7,307
(a) The place is leased by or otherwise under the control 7,309
178
of a law enforcement agency or other government agency. 7,310
(b) The place is owned by the vehicle operator, the 7,312
vehicle operator's spouse, or a parent or child of the vehicle 7,313
operator. 7,314
(c) The place is owned by a private person or entity, and, 7,316
prior to the immobilization, the private entity or person that 7,317
owns the place, or the authorized agent of that private entity or 7,318
person, has given express written consent for the immobilization 7,319
to be carried out at that place. 7,320
(d) The place is a street or highway on which the vehicle 7,323
is parked in accordance with the law.
(C)(1) A vehicle that is seized under division (B) of this 7,326
section shall be safely kept at the place to which it is towed or 7,327
otherwise moved by the law enforcement agency that employs the
arresting officer until the initial appearance of the vehicle 7,329
operator relative to the charge the vehicle operator in question. 7,330
The license plates of the vehicle that are removed pursuant to 7,331
division (B) of this section shall be safely kept by the law 7,332
enforcement agency that employs the arresting officer until the 7,333
initial appearance of the vehicle operator relative to the charge 7,334
in question.
(2)(a) the vehicle owner's the vehicle owner the vehicle 7,336
owner the vehicle owner's the vehicle owner the vehicle owner's 7,337
the vehicle owner's the vehicle operator the vehicle owner's the 7,338
vehicle owner's the vehicle owner's the vehicle operator The 7,339
court also shall notify the arrested person, and the movant if 7,340
the movant is not the arrested person, that if title to a motor
vehicle that is subject to an order for criminal forfeiture under 7,341
this section is assigned or transferred and division (C)(2) or 7,342
(3) of section 4503.234 of the Revised Code applies, the court 7,343
may fine the offender the value of the vehicle. the vehicle 7,344
owner's If, at the initial appearance, the vehicle operator 7,345
pleads guilty to the violation of division (A) of section 4511.19 7,346
of the Revised Code or of the municipal OMVI ordinance or pleads 7,347
179
no contest to and is convicted of the violation, the court shall 7,348
impose sentence upon the vehicle operator as provided by law or 7,349
ordinance; the court, except as provided in this division and 7,350
subject to section 4503.235 of the Revised Code, shall order the 7,351
immobilization of the vehicle and the impoundment of its license 7,353
plates under section 4503.233 and section 4511.193 or 4511.99 of 7,354
the Revised Code, or the criminal forfeiture of the vehicle under 7,355
section 4503.234 and section 4511.193 or 4511.99 of the Revised 7,356
Code, whichever is applicable; and the vehicle and its license 7,357
plates shall not be returned or released to the vehicle owner. 7,358
If the vehicle operator is not the vehicle owner and the vehicle 7,359
owner the vehicle owner's is not present at the vehicle 7,360
operator's initial appearance and if the court believes that the 7,361
vehicle owner was not provided adequate notice of the initial 7,362
appearance, the court, in its discretion, may refrain for a 7,363
period of time not exceeding seven days from ordering the 7,364
immobilization of the vehicle and the impoundment of its license 7,365
plates, or the criminal forfeiture of the vehicle so that the 7,366
vehicle owner the vehicle owner's may appear before the court to 7,367
present evidence as to why the court should not order the 7,368
immobilization of the vehicle and the impoundment of its license 7,369
plates, or the criminal forfeiture of the vehicle. If the court 7,370
refrains from ordering the immobilization of the vehicle and the 7,371
impoundment of its license plates, or the criminal forfeiture of 7,372
the vehicle, section 4503.235 of the Revised Code applies 7,374
relative to the order of immobilization and impoundment, or the 7,375
order of forfeiture.
(b) If, at any time, the charge that the vehicle operator 7,378
violated division (A) of section 4511.19 of the Revised Code or 7,379
the municipal OMVI ordinance is dismissed for any reason, the 7,380
court shall order that the vehicle seized at the time of the 7,381
arrest and its license plates immediately be released to the 7,382
vehicle owner subject to the payment of expenses or the vehicle 7,383
owner's charges incurred in the removal and storage of the 7,384
180
vehicle.
(D) If a vehicle is seized under division (B) of this 7,386
section the vehicle operator OMVI and is not returned or released 7,387
to the vehicle owner the vehicle owner's pursuant to division (C) 7,388
of this section, the vehicle or its license plates shall be 7,389
retained until the final disposition of the charge in question. 7,391
Upon the final disposition of that charge, the court shall do 7,392
whichever of the following is applicable:
(1) If the vehicle operator is convicted of or pleads 7,394
guilty to the violation of division (A) of section 4511.19 of the 7,395
Revised Code or of the municipal OMVI ordinance, the court shall 7,396
impose sentence upon the vehicle operator as provided by law or 7,397
ordinance and, subject to section 4503.235 of the Revised Code, 7,398
shall order the immobilization of the vehicle the vehicle 7,399
operator was operating at the time of, or that was involved in, 7,400
the offense and the impoundment of its license plates under 7,402
section 4503.233 and section 4511.193 or 4511.99 of the Revised 7,403
Code, or the criminal forfeiture of the vehicle under section 7,404
4503.234 and section 4511.193 or 4511.99 of the Revised Code, 7,405
whichever is applicable. 7,406
(2) If the vehicle operator is found not guilty of the 7,408
violation of division (A) of section 4511.19 of the Revised Code 7,409
or of the municipal OMVI ordinance, the court shall order that 7,410
the vehicle and its license plates immediately be released to the 7,412
vehicle owner upon the payment of any expenses or the vehicle 7,413
owner's charges incurred in its removal and storage. 7,414
(3) If the charge that the vehicle operator violated 7,416
division (A) of section 4511.19 of the Revised Code or the 7,417
municipal OMVI ordinance is dismissed for any reason, the court 7,418
shall order that the vehicle and its license plates immediately 7,420
be released to the vehicle owner upon the payment of any expenses 7,421
or the vehicle owner's charges incurred in its removal and 7,422
storage.
the vehicle operator the vehicle owner's the vehicle 7,424
181
owner's the vehicle operator OMVI 7,425
(E) If a vehicle is seized under division (B) of this 7,427
section, the time between the seizure of the vehicle and either 7,428
its release to the vehicle owner the vehicle owner's under 7,429
division (C) of this section or the issuance of an order of 7,430
immobilization of the vehicle under section 4503.233 of the 7,432
Revised Code shall be credited against the period of
immobilization ordered by the court. 7,433
(F)(1) The vehicle owner may be charged expenses or 7,435
charges incurred in the removal and storage of the immobilized 7,436
vehicle. The court with jurisdiction over the case, after notice 7,437
to all interested parties, including lienholders, and after an 7,438
opportunity for them to be heard, if the vehicle owner fails to 7,439
appear in person, without good cause, or if the court finds that 7,440
the vehicle owner does not intend to seek release of the vehicle 7,441
at the end of the period of immobilization under section 4503.233 7,442
of the Revised Code or that the vehicle owner is not or will not 7,443
be able to pay the expenses and charges incurred in its removal 7,444
and storage, may order that title to the vehicle be transferred, 7,445
in order of priority, first into the name of the person or entity 7,446
that removed it, next into the name of a lienholder, or lastly 7,447
into the name of the owner of the place of storage. 7,448
Any lienholder that receives title under a court order 7,451
shall do so on the condition that it pay any expenses or charges 7,452
incurred in the vehicle's removal and storage. If the person or 7,453
entity that receives title to the vehicle is the person or entity 7,454
that removed it, the person or entity shall receive title on the 7,455
condition that it pay any lien on the vehicle. The court shall 7,457
not order that title be transferred to any person or entity other 7,458
than the owner of the place of storage if the person or entity 7,459
refuses to receive the title. Any person or entity that receives 7,460
title either may keep title to the vehicle or may dispose of the 7,461
vehicle in any legal manner that it considers appropriate, 7,462
including assignment of the certificate of title to the motor 7,463
182
vehicle to a salvage dealer or a scrap metal processing facility. 7,464
The person or entity shall not transfer the vehicle to the person 7,465
who is the vehicle's immediate previous owner. 7,467
If the person or entity assigns the motor vehicle to a 7,469
salvage dealer or scrap metal processing facility, the person or 7,470
entity shall send the assigned certificate of title to the motor 7,471
vehicle to the clerk of the court of common pleas of the county 7,472
in which the salvage dealer or scrap metal processing facility is 7,474
located. The person or entity shall mark the face of the
certificate of title with the words "for destruction" and shall 7,476
deliver a photocopy of the certificate of title to the salvage 7,477
dealer or scrap metal processing facility for its records. 7,478
(2) Whenever a court issues an order under division (F)(1) 7,480
of this section, the court also shall order removal of the 7,481
license plates from the vehicle and cause them to be sent to the 7,482
registrar of motor vehicles if they have not already been sent to 7,483
the registrar. Thereafter, no further proceedings shall take 7,484
place under this section or under section 4503.233 of the Revised 7,485
Code.
(3) Prior to initiating a proceeding under division (F)(1) 7,487
of this section, and upon payment of the fee under division (B) 7,488
of section 4505.14 of the Revised Code, any interested party may 7,489
cause a search to be made of the public records of the bureau of 7,490
motor vehicles or the clerk of the court of common pleas, to 7,491
ascertain the identity of any lienholder of the vehicle. The 7,492
initiating party shall furnish this information to the clerk of 7,493
the court with jurisdiction over the case, and the clerk shall 7,495
provide notice to the vehicle owner, the defendant, any 7,496
lienholder, and any other interested parties listed by the 7,497
initiating party, at the last known address supplied by the 7,498
initiating party, by certified mail or, at the option of the 7,499
initiating party, by personal service or ordinary mail. 7,500
the vehicle operator 7,502
Sec. 4511.196. (A) If a person is arrested for operating 7,511
183
a vehicle while under the influence of alcohol, a drug of abuse, 7,512
or alcohol and a drug of abuse or for operating a vehicle with a 7,513
prohibited concentration of alcohol in the blood, breath, or 7,514
urine and regardless of whether the person's driver's or 7,515
commercial driver's license or permit or nonresident operating 7,516
privilege is or is not suspended under division (E) or (F) of 7,517
section 4511.191 of the Revised Code, the person's initial 7,518
appearance on the charge resulting from the arrest shall be held 7,519
within five days of the person's arrest or the issuance of the 7,520
citation to him, subject to any continuance granted by the court 7,521
pursuant to division (H)(1) of section 4511.191 of the Revised 7,522
Code PERSON. 7,523
(B)(1) If a person is arrested as described in division 7,525
(A) of this section, if the person's driver's or commercial 7,526
driver's license or permit or nonresident operating privilege has 7,527
been suspended under division (E) or (F) of section 4511.191 of 7,528
the Revised Code in relation to that arrest, if the person at his 7,529
initial appearance on the charge resulting from the arrest 7,530
appeals the suspension in accordance with division (H)(1) of that 7,531
section, and if the judge, referee MAGISTRATE, or mayor at the 7,533
initial appearance terminates the suspension in accordance with
division (H)(2) of that section, the judge, referee MAGISTRATE, 7,535
or mayor at the initial appearance may impose a new suspension of 7,536
the person's license, permit, or nonresident operating privilege, 7,537
notwithstanding the termination of the suspension imposed under 7,538
division (E) or (F) of section 4511.191 of the Revised Code, if 7,539
the judge, referee MAGISTRATE, or mayor determines at the initial 7,541
appearance that the person's continued driving will be a threat
to public safety. 7,542
(2) If a person is arrested as described in division (A) 7,544
of this section and if the person's driver's or commercial 7,545
driver's license or permit or nonresident operating privilege has 7,546
not been suspended under division (E) or (F) of section 4511.191 7,547
of the Revised Code in relation to that arrest, the judge, 7,548
184
referee MAGISTRATE, or mayor at the person's initial appearance 7,550
on the charge resulting from the arrest may impose a new 7,551
suspension of the person's license, permit, or nonresident 7,552
operating privilege if the judge, referee, or mayor determines at 7,553
the initial appearance that the person's continued driving will 7,554
be a threat to public safety. 7,555
(C) A suspension of a person's driver's or commercial 7,557
driver's license or permit or nonresident operating privilege 7,558
under division (B)(1) or (2) of this section shall be imposed at 7,559
the person's initial appearance on the charge resulting from the 7,560
arrest and shall continue until the complaint on the charge 7,561
resulting from the arrest is adjudicated on the merits by the 7,562
judge or referee of the trial court or the mayor of the mayor's 7,563
court. A court that imposes a suspension under division (B)(2) 7,564
of this section shall send the person's driver's license or 7,565
permit to the registrar. If the court possesses the driver's or 7,566
commercial driver's license or permit of a person in the category 7,567
described in division (B)(2) of this section and the court does 7,568
not impose a suspension under division (B)(2) of this section, 7,569
the court shall return the license or permit to the person IF THE 7,570
LICENSE OR PERMIT HAS NOT OTHERWISE BEEN SUSPENDED OR REVOKED. 7,571
Any time during which the person serves a suspension of his 7,573
THE PERSON'S driver's or commercial driver's license or permit or 7,575
nonresident operating privilege that is imposed pursuant to 7,576
division (B)(1) or (2) of this section shall be credited against 7,577
any judicial suspension of his THE PERSON'S license, permit, or 7,578
nonresident operating privilege that is imposed pursuant to 7,579
division (B) of section 4507.16 of the Revised Code. 7,580
A suspension imposed pursuant to division (B)(1) or (2) of 7,582
this section shall terminate if the person subsequently is found 7,583
not guilty of the charge resulting from the arrest. 7,584
Sec. 4511.99. (A) Whoever violates division (A) of 7,593
section 4511.19 of the Revised Code, in addition to the license 7,594
suspension or revocation provided in section 4507.16 of the 7,595
185
Revised Code and any disqualification imposed under section 7,596
4506.16 of the Revised Code, shall be punished as provided in 7,597
division (A)(1), (2), (3), or (4) of this section. 7,598
(1) Except as otherwise provided in division (A)(2), (3), 7,601
or (4) of this section, the offender is guilty of a misdemeanor 7,602
of the first degree and the court shall sentence the offender to 7,603
a term of imprisonment of three consecutive days and may sentence 7,604
the offender pursuant to section 2929.21 of the Revised Code to a 7,605
longer term of imprisonment. In addition, the court shall impose 7,606
upon the offender a fine of not less than two hundred and not 7,607
more than one thousand dollars. 7,608
The court may suspend the execution of the mandatory three 7,610
consecutive days of imprisonment that it is required to impose by 7,611
this division, if the court, in lieu of the suspended term of 7,612
imprisonment, places the offender on probation and requires the 7,613
offender to attend, for three consecutive days, a drivers' 7,614
intervention program that is certified pursuant to section 7,615
3793.10 of the Revised Code. The court also may suspend the 7,616
execution of any part of the mandatory three consecutive days of 7,617
imprisonment that it is required to impose by this division, if 7,618
the court places the offender on probation for part of the three 7,619
consecutive days; requires the offender to attend, for that part 7,620
of the three consecutive days, a drivers' intervention program 7,621
that is certified pursuant to section 3793.10 of the Revised 7,622
Code; and sentences the offender to a term of imprisonment equal 7,623
to the remainder of the three consecutive days that the offender 7,624
does not spend attending the drivers' intervention program. The 7,625
court may require the offender, as a condition of probation, to 7,626
attend and satisfactorily complete any treatment or education 7,627
programs that comply with the minimum standards adopted pursuant 7,628
to Chapter 3793. of the Revised Code by the director of alcohol 7,629
and drug addiction services, in addition to the required 7,630
attendance at a drivers' intervention program, that the operators 7,631
of the drivers' intervention program determine that the offender 7,632
186
should attend and to report periodically to the court on the 7,633
offender's progress in the programs. The court also may impose 7,634
any other conditions of probation on the offender that it 7,635
considers necessary. 7,636
Of the fine imposed pursuant to this division, twenty-five 7,638
dollars shall be paid to an enforcement and education fund 7,639
established by the legislative authority of the law enforcement 7,640
agency in this state that primarily was responsible for the 7,641
arrest of the offender, as determined by the court that imposes 7,642
the fine. This share shall be used by the agency to pay only 7,643
those costs it incurs in enforcing section 4511.19 of the Revised 7,644
Code or a substantially similar municipal ordinance and in 7,645
informing the public of the laws governing the operation of a 7,646
motor vehicle while under the influence of alcohol, the dangers 7,647
of operating a motor vehicle while under the influence of 7,648
alcohol, and other information relating to the operation of a 7,649
motor vehicle and the consumption of alcoholic beverages. 7,650
Twenty-five dollars of the fine imposed pursuant to this division 7,651
shall be deposited into the county indigent drivers alcohol 7,652
treatment fund or municipal indigent drivers alcohol treatment 7,653
fund under the control of that court, as created by the county or 7,654
municipal corporation pursuant to division (N) of section 7,655
4511.191 of the Revised Code. The balance of the fine shall be 7,656
disbursed as otherwise provided by law. 7,657
(2)(a) Except as otherwise provided in division (A)(4) of 7,660
this section, if, within six years of the offense, the offender 7,661
has been convicted of or pleaded guilty to one violation of 7,662
division (A) or (B) of section 4511.19 of the Revised Code, a 7,663
municipal ordinance relating to operating a vehicle while under 7,664
the influence of alcohol, a drug of abuse, or alcohol and a drug 7,665
of abuse, a municipal ordinance relating to operating a vehicle 7,666
with a prohibited concentration of alcohol in the blood, breath, 7,667
or urine, section 2903.04 of the Revised Code in a case in which 7,668
the offender was subject to the sanctions described in division 7,669
187
(D) of that section, section 2903.06, 2903.07, or 2903.08 of the 7,671
Revised Code or a municipal ordinance that is substantially
similar to section 2903.07 of the Revised Code in a case in which 7,672
the jury or judge found that the offender was under the influence 7,673
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 7,674
statute of THE UNITED STATES OR OF any other state or a municipal 7,676
ordinance of a municipal corporation located in any other state
that is substantially similar to division (A) or (B) of section 7,677
4511.19 of the Revised Code, the offender is guilty of a 7,678
misdemeanor of the first degree and, except as provided in this 7,679
division, the court shall sentence the offender to a term of 7,680
imprisonment of ten consecutive days and may sentence the 7,681
offender pursuant to section 2929.21 of the Revised Code to a 7,682
longer term of imprisonment. As an alternative to the term of 7,683
imprisonment required to be imposed by this division, but subject 7,684
to division (A)(8) of this section, the court may impose upon the 7,685
offender a sentence consisting of both a term of imprisonment of 7,686
five consecutive days and not less than eighteen consecutive days 7,687
of electronically monitored house arrest as defined in division 7,688
(A) of section 2929.23 of the Revised Code. The five consecutive 7,689
days of imprisonment and the period of electronically monitored 7,690
house arrest shall not exceed six months. The five consecutive 7,691
days of imprisonment do not have to be served prior to or 7,692
consecutively with the period of electronically monitored house 7,693
arrest.
In addition, the court shall impose upon the offender a 7,695
fine of not less than three hundred and not more than one 7,696
thousand five hundred dollars. 7,697
In addition to any other sentence that it imposes upon the 7,699
offender, the court may require the offender to attend a drivers' 7,700
intervention program that is certified pursuant to section 7,701
3793.10 of the Revised Code. If the officials of the drivers' 7,702
intervention program determine that the offender is alcohol 7,703
dependent, they shall notify the court, and the court shall order 7,704
188
the offender to obtain treatment through an alcohol and drug 7,705
addiction program authorized by section 3793.02 of the Revised 7,706
Code. The cost of the treatment shall be paid by the offender. 7,707
Of the fine imposed pursuant to this division, thirty-five 7,709
dollars shall be paid to an enforcement and education fund 7,710
established by the legislative authority of the law enforcement 7,711
agency in this state that primarily was responsible for the 7,712
arrest of the offender, as determined by the court that imposes 7,713
the fine. This share shall be used by the agency to pay only 7,714
those costs it incurs in enforcing division (A) of section 7,715
4511.19 of the Revised Code or a substantially similar municipal 7,716
ordinance and in informing the public of the laws governing the 7,717
operation of a motor vehicle while under the influence of 7,718
alcohol, the dangers of operating a motor vehicle while under the 7,719
influence of alcohol, and other information relating to the 7,720
operation of a motor vehicle and the consumption of alcoholic 7,721
beverages. Sixty-five dollars of the fine imposed pursuant to 7,722
this division shall be paid to the political subdivision 7,723
responsible for housing the offender during the offender's term 7,725
of incarceration. This share shall be used by the political 7,726
subdivision to pay or reimburse incarceration costs it incurs in 7,727
housing persons who violate section 4511.19 of the Revised Code 7,728
or a substantially similar municipal ordinance and to pay for 7,729
ignition interlock devices and electronic house arrest equipment 7,730
for persons who violate that section, and shall be paid to the 7,731
credit of the fund that pays the cost of the incarceration. 7,732
Fifty dollars of the fine imposed pursuant to this division shall 7,733
be deposited into the county indigent drivers alcohol treatment 7,734
fund or municipal indigent drivers alcohol treatment fund under 7,735
the control of that court, as created by the county or municipal 7,736
corporation pursuant to division (N) of section 4511.191 of the 7,737
Revised Code. The balance of the fine shall be disbursed as 7,738
otherwise provided by law. 7,739
(b) Regardless of whether the vehicle the offender was 7,741
189
operating at the time of the offense is registered in the 7,742
offender's name or in the name of another person, the court, in 7,744
addition to the penalties imposed under division (A)(2)(a) of 7,745
this section and all other penalties provided by law and subject 7,746
to section 4503.235 of the Revised Code, shall order the 7,747
immobilization for ninety days of the vehicle the offender was 7,748
operating at the time of the offense and the impoundment for 7,749
ninety days of the identification license plates of that vehicle. 7,750
The order for the immobilization and impoundment shall be issued 7,751
and enforced in accordance with section 4503.233 of the Revised 7,752
Code.
(3)(a) Except as otherwise provided in division (A)(4) of 7,755
this section, if, within six years of the offense, the offender 7,756
has been convicted of or pleaded guilty to two violations of 7,757
division (A) or (B) of section 4511.19 of the Revised Code, a 7,758
municipal ordinance relating to operating a vehicle while under 7,759
the influence of alcohol, a drug of abuse, or alcohol and a drug 7,760
of abuse, a municipal ordinance relating to operating a vehicle 7,761
with a prohibited concentration of alcohol in the blood, breath, 7,762
or urine, section 2903.04 of the Revised Code in a case in which 7,763
the offender was subject to the sanctions described in division 7,764
(D) of that section, section 2903.06, 2903.07, or 2903.08 of the 7,766
Revised Code or a municipal ordinance that is substantially
similar to section 2903.07 of the Revised Code in a case in which 7,767
the jury or judge found that the offender was under the influence 7,768
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 7,770
statute of THE UNITED STATES OR OF any other state or a municipal 7,771
ordinance of a municipal corporation located in any other state 7,772
that is substantially similar to division (A) or (B) of section
4511.19 of the Revised Code, except as provided in this division, 7,773
the court shall sentence the offender to a term of imprisonment 7,774
of thirty consecutive days and may sentence the offender to a 7,775
longer definite term of imprisonment of not more than one year. 7,776
As an alternative to the term of imprisonment required to be 7,777
190
imposed by this division, but subject to division (A)(8) of this 7,778
section, the court may impose upon the offender a sentence 7,779
consisting of both a term of imprisonment of fifteen consecutive 7,780
days and not less than fifty-five consecutive days of 7,781
electronically monitored house arrest as defined in division (A) 7,782
of section 2929.23 of the Revised Code. The fifteen consecutive 7,783
days of imprisonment and the period of electronically monitored 7,784
house arrest shall not exceed one year. The fifteen consecutive 7,785
days of imprisonment do not have to be served prior to or 7,786
consecutively with the period of electronically monitored house 7,787
arrest.
In addition, the court shall impose upon the offender a 7,789
fine of not less than five hundred and not more than two thousand 7,790
five hundred dollars. 7,791
In addition to any other sentence that it imposes upon the 7,793
offender, the court shall require the offender to attend an 7,794
alcohol and drug addiction program authorized by section 3793.02 7,795
of the Revised Code. The cost of the treatment shall be paid by 7,796
the offender. If the court determines that the offender is 7,797
unable to pay the cost of attendance at the treatment program, 7,799
the court may order that payment of the cost of the offender's 7,800
attendance at the treatment program be made from that court's 7,801
indigent drivers alcohol treatment fund.
Of the fine imposed pursuant to this division, one hundred 7,803
twenty-three dollars shall be paid to an enforcement and 7,804
education fund established by the legislative authority of the 7,805
law enforcement agency in this state that primarily was 7,806
responsible for the arrest of the offender, as determined by the 7,807
court that imposes the fine. This share shall be used by the 7,808
agency to pay only those costs it incurs in enforcing section 7,809
4511.19 of the Revised Code or a substantially similar municipal 7,810
ordinance and in informing the public of the laws governing the 7,811
operation of a motor vehicle while under the influence of 7,812
alcohol, the dangers of operating a motor vehicle while under the 7,813
191
influence of alcohol, and other information relating to the 7,814
operation of a motor vehicle and the consumption of alcoholic 7,815
beverages. Two hundred twenty-seven dollars of the fine imposed 7,816
pursuant to this division shall be paid to the political 7,817
subdivision responsible for housing the offender during the 7,818
offender's term of incarceration. This share shall be used by 7,820
the political subdivision to pay or reimburse incarceration costs 7,821
it incurs in housing persons who violate division (A) of section 7,822
4511.19 of the Revised Code or a substantially similar municipal 7,823
ordinance and to pay for ignition interlock devices and 7,824
electronic house arrest equipment for persons who violate that 7,825
section and shall be paid to the credit of the fund that pays the 7,826
cost of incarceration. The balance of the fine shall be 7,827
disbursed as otherwise provided by law. 7,828
(b) Regardless of whether the vehicle the offender was 7,830
operating at the time of the offense is registered in the 7,831
offender's name or in the name of another person, the court, in 7,833
addition to the penalties imposed under division (A)(3)(a) of 7,834
this section and all other penalties provided by law and subject 7,835
to section 4503.235 of the Revised Code, shall order the 7,836
immobilization for one hundred eighty days of the vehicle the 7,837
offender was operating at the time of the offense and the 7,838
impoundment for one hundred eighty days of the identification 7,839
license plates of that vehicle. The order for the immobilization 7,840
and impoundment shall be issued and enforced in accordance with 7,841
section 4503.233 of the Revised Code. 7,842
(4)(a) If, within six years of the offense, the offender 7,844
has been convicted of or pleaded guilty to three or more 7,845
violations of division (A) or (B) of section 4511.19 of the 7,846
Revised Code, a municipal ordinance relating to operating a 7,847
vehicle while under the influence of alcohol, a drug of abuse, or 7,848
alcohol and a drug of abuse, a municipal ordinance relating to 7,849
operating a vehicle with a prohibited concentration of alcohol in 7,850
the blood, breath, or urine, section 2903.04 of the Revised Code 7,851
192
in a case in which the offender was subject to the sanctions 7,852
described in division (D) of that section, section 2903.06, 7,853
2903.07, or 2903.08 of the Revised Code or a municipal ordinance 7,854
that is substantially similar to section 2903.07 of the Revised 7,855
Code in a case in which the jury or judge found that the offender 7,856
was under the influence of alcohol, a drug of abuse, or alcohol 7,857
and a drug of abuse, or a statute of THE UNITED STATES OR OF any 7,859
other state or a municipal ordinance of a municipal corporation
located in any other state that is substantially similar to 7,860
division (A) or (B) of section 4511.19 of the Revised Code, or if 7,861
the offender previously has been convicted of or pleaded guilty 7,862
to a violation of division (A) of section 4511.19 of the Revised 7,863
Code under circumstances in which the violation was a felony and 7,864
regardless of when the violation and the conviction or guilty 7,865
plea occurred, the offender is guilty of a felony of the fourth 7,866
degree. The court shall sentence the offender in accordance with 7,867
sections 2929.11 to 2929.19 of the Revised Code and shall impose
as part of the sentence a mandatory term of local incarceration 7,868
of sixty consecutive days of imprisonment in accordance with 7,869
division (G)(1) of section 2929.13 of the Revised Code or a 7,870
mandatory prison term of sixty consecutive days of imprisonment 7,871
in accordance with division (G)(2) of that section, whichever is 7,872
applicable. If the offender is required to serve a mandatory 7,873
term of local incarceration of sixty consecutive days of 7,874
imprisonment in accordance with division (G)(1) of section
2929.13 of the Revised Code, the court, pursuant to section 7,875
2929.17 of the Revised Code, may impose upon the offender a 7,877
sentence that includes a term of electronically monitored house
arrest, provided that the term of electronically monitored house 7,878
arrest shall not commence until after the offender has served the 7,879
mandatory term of local incarceration. 7,880
In addition to all other sanctions imposed, the court shall 7,882
impose upon the offender, pursuant to section 2929.18 of the 7,883
Revised Code, a fine of not less than seven hundred fifty nor 7,884
193
more than ten thousand dollars. 7,885
In addition to any other sanction that it imposes upon the 7,888
offender, the court shall require the offender to attend an 7,890
alcohol and drug addiction program authorized by section 3793.02 7,891
of the Revised Code. The cost of the treatment shall be paid by 7,892
the offender. If the court determines that the offender is 7,893
unable to pay the cost of attendance at the treatment program, 7,894
the court may order that payment of the cost of the offender's 7,895
attendance at the treatment program be made from the court's 7,896
indigent drivers alcohol treatment fund. 7,897
Of the fine imposed pursuant to this division, two hundred 7,899
ten dollars shall be paid to an enforcement and education fund 7,900
established by the legislative authority of the law enforcement 7,901
agency in this state that primarily was responsible for the 7,902
arrest of the offender, as determined by the court that imposes 7,903
the fine. This share shall be used by the agency to pay only 7,904
those costs it incurs in enforcing section 4511.19 of the Revised 7,905
Code or a substantially similar municipal ordinance and in 7,906
informing the public of the laws governing operation of a motor 7,907
vehicle while under the influence of alcohol, the dangers of 7,908
operation of a motor vehicle while under the influence of 7,909
alcohol, and other information relating to the operation of a 7,910
motor vehicle and the consumption of alcoholic beverages. Three 7,911
hundred ninety dollars of the fine imposed pursuant to this 7,912
division shall be paid to the political subdivision responsible 7,913
for housing the offender during the offender's term of 7,914
incarceration. This share shall be used by the political 7,916
subdivision to pay or reimburse incarceration costs it incurs in 7,917
housing persons who violate division (A) of section 4511.19 of 7,918
the Revised Code or a substantially similar municipal ordinance 7,919
and to pay for ignition interlock devices and electronic house 7,920
arrest equipment for persons who violate that section, and shall 7,921
be paid to the credit of the fund that pays the cost of 7,922
incarceration. The balance of the fine shall be disbursed as 7,923
194
otherwise provided by law.
(b) Regardless of whether the vehicle the offender was 7,925
operating at the time of the offense is registered in the 7,926
offender's name or in the name of another person, the court, in 7,928
addition to the sanctions imposed under division (A)(4)(a) of 7,929
this section and all other sanctions provided by law and subject 7,931
to section 4503.235 of the Revised Code, shall order the criminal 7,933
forfeiture to the state of the vehicle the offender was operating 7,934
at the time of the offense. The order of criminal forfeiture 7,935
shall be issued and enforced in accordance with section 4503.234 7,936
of the Revised Code. 7,937
(c) As used in division (A)(4)(a) of this section, 7,940
"mandatory prison term" and "mandatory term of local
incarceration" have the same meanings as in section 2929.01 of 7,942
the Revised Code.
If title to a motor vehicle that is subject to an order for 7,944
criminal forfeiture under this section is assigned or transferred 7,945
and division (C)(2) or (3) of section 4503.234 of the Revised 7,946
Code applies, in addition to or independent of any other penalty 7,947
established by law, the court may fine the offender the value of 7,948
the vehicle as determined by publications of the national auto 7,949
dealer's association. The proceeds from any fine imposed under
this division shall be distributed in accordance with division 7,950
(D)(4) of section 4503.234 of the Revised Code. 7,951
(5)(a) Except as provided in division (A)(5)(b) of this 7,953
section, upon a showing that imprisonment would seriously affect 7,954
the ability of an offender sentenced pursuant to division (A)(1), 7,955
(2), (3), or (4) of this section to continue the offender's 7,956
employment, the court may authorize that the offender be granted 7,958
work release from imprisonment after the offender has served the 7,959
three, ten, or thirty consecutive days of imprisonment or the 7,960
mandatory term of local incarceration of sixty consecutive days 7,961
that the court is required by division (A)(1), (2), (3), or (4) 7,963
of this section to impose. No court shall authorize work release 7,964
195
from imprisonment during the three, ten, or thirty consecutive 7,965
days of imprisonment or the mandatory term of local incarceration 7,966
or mandatory prison term of sixty consecutive days that the court 7,968
is required by division (A)(1), (2), (3), or (4) of this section 7,969
to impose. The duration of the work release shall not exceed the 7,970
time necessary each day for the offender to commute to and from 7,971
the place of employment and the place of imprisonment and the 7,972
time actually spent under employment. 7,973
(b) An offender who is sentenced pursuant to division 7,975
(A)(2) or (3) of this section to a term of imprisonment followed 7,976
by a period of electronically monitored house arrest is not 7,977
eligible for work release from imprisonment, but that person 7,978
shall be permitted work release during the period of 7,979
electronically monitored house arrest. The duration of the work 7,980
release shall not exceed the time necessary each day for the 7,981
offender to commute to and from the place of employment and the 7,982
offender's home or other place specified by the sentencing court 7,983
and the time actually spent under employment. 7,984
(6) Notwithstanding any section of the Revised Code that 7,986
authorizes the suspension of the imposition or execution of a 7,987
sentence, the placement of an offender in any treatment program 7,989
in lieu of imprisonment, or the use of a community control 7,990
sanction for an offender convicted of a felony, no court shall 7,991
suspend the ten or thirty consecutive days of imprisonment 7,992
required to be imposed on an offender by division (A)(2) or (3) 7,993
of this section, no court shall place an offender who is 7,994
sentenced pursuant to division (A)(2), (3), or (4) of this 7,995
section in any treatment program in lieu of imprisonment until 7,996
after the offender has served the ten or thirty consecutive days 7,997
of imprisonment or the mandatory term of local incarceration or 7,998
mandatory prison term of sixty consecutive days required to be 7,999
imposed pursuant to division (A)(2), (3), or (4) of this section, 8,000
no court that sentences an offender under division (A)(4) of this 8,001
section shall impose any sanction other than a mandatory term of 8,002
196
local incarceration or mandatory prison term to apply to the 8,003
offender until after the offender has served the mandatory term 8,004
of local incarceration or mandatory prison term of sixty 8,006
consecutive days required to be imposed pursuant to division
(A)(4) of this section, and no court that imposes a sentence of 8,008
imprisonment and a period of electronically monitored house 8,009
arrest upon an offender under division (A)(2) or (3) of this 8,010
section shall suspend any portion of the sentence or place the 8,011
offender in any treatment program in lieu of imprisonment or 8,012
electronically monitored house arrest. Notwithstanding any 8,013
section of the Revised Code that authorizes the suspension of the 8,014
imposition or execution of a sentence or the placement of an 8,015
offender in any treatment program in lieu of imprisonment, no 8,016
court, except as specifically authorized by division (A)(1) of 8,017
this section, shall suspend the three consecutive days of 8,018
imprisonment required to be imposed by division (A)(1) of this 8,019
section or place an offender who is sentenced pursuant to 8,020
division (A)(1) of this section in any treatment program in lieu 8,021
of imprisonment until after the offender has served the three 8,022
consecutive days of imprisonment required to be imposed pursuant 8,023
to division (A)(1) of this section. 8,024
(7) No court shall sentence an offender to an alcohol 8,026
treatment program pursuant to division (A)(1), (2), (3), or (4) 8,027
of this section unless the treatment program complies with the 8,028
minimum standards adopted pursuant to Chapter 3793. of the 8,029
Revised Code by the director of alcohol and drug addiction 8,030
services. 8,031
(8) No court shall impose the alternative sentence of a 8,033
term of imprisonment of five consecutive days plus not less than 8,034
eighteen consecutive days of electronically monitored house 8,035
arrest permitted to be imposed by division (A)(2) of this 8,036
section, or the alternative sentence of a term of imprisonment of 8,037
fifteen consecutive days plus not less than fifty-five 8,038
consecutive days of electronically monitored house arrest 8,039
197
permitted to be imposed pursuant to division (A)(3) of this 8,040
section, unless within sixty days of the date of sentencing, the 8,041
court issues a written finding, entered into the record, that due 8,042
to the unavailability of space at the incarceration facility 8,043
where the offender is required to serve the term of imprisonment 8,044
imposed upon the offender, the offender will not be able to 8,045
commence serving the term of imprisonment within the sixty-day 8,047
period following the date of sentencing. If the court issues 8,048
such a finding, the court may impose the alternative sentence 8,049
comprised of a term of imprisonment and a term of electronically 8,050
monitored house arrest permitted to be imposed by division (A)(2) 8,051
or (3) of this section. 8,052
(B) Whoever violates section 4511.192, 4511.251, or 8,054
4511.85 of the Revised Code is guilty of a misdemeanor of the 8,055
first degree. The court, in addition to or independent of all 8,056
other penalties provided by law, may suspend for a period not to 8,057
exceed one year the driver's or commercial driver's license or 8,058
permit or nonresident operating privilege of any person who 8,059
pleads guilty to or is convicted of a violation of section 8,060
4511.192 of the Revised Code. 8,061
(C) Whoever violates section 4511.63, 4511.76, 4511.761, 8,063
4511.762, 4511.764, 4511.77, or 4511.79 of the Revised Code is 8,064
guilty of one of the following: 8,065
(1) Except as otherwise provided in division (C)(2) of 8,067
this section, a minor misdemeanor. 8,068
(2) If the offender previously has been convicted of or 8,071
pleaded guilty to one or more violations of section 4511.63, 8,072
4511.76, 4511.761, 4511.762, 4511.764, 4511.77, or 4511.79 of the 8,073
Revised Code or a municipal ordinance that is substantially 8,074
similar to any of those sections, a misdemeanor of the fourth 8,077
degree.
(D)(1) Whoever violates any provision of sections 4511.01 8,079
to 4511.76 or section 4511.84 of the Revised Code, for which no 8,080
penalty otherwise is provided in this section is guilty of one of 8,081
198
the following: 8,082
(a) Except as otherwise provided in division (D)(1)(b), 8,085
(1)(c), (2), or (3) of this section, a minor misdemeanor; 8,086
(b) If, within one year of the offense, the offender 8,088
previously has been convicted of or pleaded guilty to one 8,090
violation of any provision of sections 4511.01 to 4511.76 or 8,092
section 4511.84 of the Revised Code for which no penalty 8,093
otherwise is provided in this section or a municipal ordinance 8,095
that is substantially similar to any provision of sections 8,096
4511.01 to 4511.76 or section 4511.84 of the Revised Code for 8,097
which no penalty otherwise is provided in this section, a 8,098
misdemeanor of the fourth degree; 8,100
(c) If, within one year of the offense, the offender 8,102
previously has been convicted of or pleaded guilty to two or more 8,103
violations of any provision described in division (D)(1)(b) of 8,105
this section or any municipal ordinance that is substantially 8,106
similar to any of those provisions, a misdemeanor of the third 8,107
degree. 8,108
(2) When any person is found guilty of a first offense for 8,110
a violation of section 4511.21 of the Revised Code upon a finding 8,111
that the person operated a motor vehicle faster than thirty-five 8,113
miles an hour in a business district of a municipal corporation, 8,114
or faster than fifty miles an hour in other portions, or faster 8,115
than thirty-five miles an hour while passing through a school 8,116
zone during recess or while children are going to or leaving 8,117
school during the opening or closing hours, the person is guilty 8,118
of a misdemeanor of the fourth degree. 8,119
(3) Notwithstanding section 2929.21 of the Revised Code, 8,121
upon a finding that such person operated a motor vehicle in a 8,122
construction zone where a sign was then posted in accordance with 8,123
section 4511.98 of the Revised Code, the court, in addition to 8,124
all other penalties provided by law, shall impose a fine of two 8,125
times the usual amount imposed for the violation. No court shall 8,126
impose a fine of two times the usual amount imposed for the 8,127
199
violation upon an offender who alleges, in an affidavit filed 8,128
with the court prior to the offender's sentencing, that the 8,129
offender is indigent and is unable to pay the fine imposed 8,130
pursuant to this division, provided the court determines the 8,131
offender is an indigent person and is unable to pay the fine. 8,132
(E) Whenever a person is found guilty in a court of record 8,134
of a violation of section 4511.761, 4511.762, or 4511.77 of the 8,135
Revised Code, the trial judge, in addition to or independent of 8,136
all other penalties provided by law, may suspend for any period 8,137
of time not exceeding three years, or revoke the license of any 8,138
person, partnership, association, or corporation, issued under 8,139
section 4511.763 of the Revised Code. 8,140
(F) Whoever violates division (E) or (F) of section 8,142
4511.51, division (A), (D), or (E) of section 4511.521, section 8,143
4511.681, division (A), (C), or (F) of section 4511.69, section 8,144
4511.772, or division (A) or (B) of section 4511.82 of the 8,145
Revised Code is guilty of a minor misdemeanor. 8,146
(G) Whoever violates division (A) of section 4511.75 of 8,148
the Revised Code may be fined an amount not to exceed five 8,149
hundred dollars. A person who is issued a citation for a 8,150
violation of division (A) of section 4511.75 of the Revised Code 8,151
is not permitted to enter a written plea of guilty and waive the 8,152
person's right to contest the citation in a trial, but instead 8,153
must appear in person in the proper court to answer the charge. 8,154
(H)(1) Whoever is a resident of this state and violates 8,156
division (A) or (B) of section 4511.81 of the Revised Code shall 8,157
be punished as follows: 8,158
(a) Except as otherwise provided in division (H)(1)(b) of 8,160
this section, the offender is guilty of a minor misdemeanor. 8,162
(b) If the offender previously has been convicted of or 8,164
pleaded guilty to a violation of division (A) or (B) of section 8,165
4511.81 of the Revised Code or of a municipal ordinance that is 8,167
substantially similar to either of those divisions, the offender 8,168
is guilty of a misdemeanor of the fourth degree. 8,169
200
(2) Whoever is not a resident of this state, violates 8,171
division (A) or (B) of section 4511.81 of the Revised Code, and 8,172
fails to prove by a preponderance of the evidence that the 8,173
offender's use or nonuse of a child restraint system was in 8,174
accordance with the law of the state of which the offender is a 8,176
resident is guilty of a minor misdemeanor on a first offense; on 8,178
a second or subsequent offense, that person is guilty of a 8,179
misdemeanor of the fourth degree. 8,180
(3) Sixty-five per cent of every fine imposed pursuant to 8,182
division (H)(1) or (2) of this section shall be forwarded to the 8,183
treasurer of state for deposit in the "child highway safety fund" 8,184
created by division (G) of section 4511.81 of the Revised Code. 8,185
The balance of the fine shall be disbursed as otherwise provided 8,186
by law. 8,187
(I) Whoever violates section 4511.202 of the Revised Code 8,189
is guilty of operating a motor vehicle without being in control 8,190
of it, a minor misdemeanor. 8,191
(J) Whoever violates division (B) of section 4511.74, 8,193
division (B)(1), (2), or (3), (C), or (E)(1), (2), or (3) of 8,194
section 4511.83 of the Revised Code is guilty of a misdemeanor of 8,195
the first degree. 8,196
(K) Except as otherwise provided in this division, whoever 8,198
violates division (E) of section 4511.11, division (A) or (C) of 8,199
section 4511.17, or section 4511.18 of the Revised Code is guilty 8,200
of a misdemeanor of the third degree. If a violation of division 8,201
(A) or (C) of section 4511.17 of the Revised Code creates a risk 8,202
of physical harm to any person, the offender is guilty of a 8,203
misdemeanor of the first degree. A violation of division (A) or 8,204
(C) of section 4511.17 of the Revised Code that causes serious 8,205
physical harm to property that is owned, leased, or controlled by 8,206
a state or local authority is a felony of the fifth degree. 8,208
(L) Whoever violates division (H) of section 4511.69 of 8,210
the Revised Code shall be punished as follows: 8,211
(1) Except as otherwise provided in division (L)(2) of 8,214
201
this section, the offender shall be issued a warning. 8,215
(2) If the offender previously has been convicted of or 8,217
pleaded guilty to a violation of division (H) of section 4511.69 8,218
of the Revised Code or of a municipal ordinance that is 8,219
substantially similar to that division, the offender shall not be 8,220
issued a warning but shall be fined twenty-five dollars for each 8,221
parking location that is not properly marked or whose markings 8,223
are not properly maintained.
(M) Whoever violates division (A)(1) or (2) of section 8,225
4511.45 of the Revised Code is guilty of a misdemeanor of the 8,226
fourth degree on a first offense; on a second offense within one 8,227
year after the first offense, the person is guilty of a 8,228
misdemeanor of the third degree; and on each subsequent offense 8,229
within one year after the first offense, the person is guilty of 8,230
a misdemeanor of the second degree. 8,231
(N)(1) Whoever violates division (B) of section 4511.19 of 8,234
the Revised Code is guilty of operating a motor vehicle after
under-age alcohol consumption and shall be punished as follows: 8,235
(a) Except as otherwise provided in division (N)(1)(b) of 8,238
this section, the offender is guilty of a misdemeanor of the 8,240
fourth degree.
(b) If, within one year of the offense, the offender has 8,242
been convicted of or pleaded guilty to any violation of division 8,243
(A) or (B) of section 4511.19 of the Revised Code, a municipal 8,244
ordinance relating to operating a vehicle while under the 8,245
influence of alcohol, a drug of abuse, or alcohol and a drug of 8,246
abuse, a municipal ordinance relating to operating a vehicle with 8,247
a prohibited concentration of alcohol in the blood, breath, or 8,248
urine, section 2903.04 of the Revised Code in a case in which the 8,249
offender was subject to the sanctions described in division (D) 8,250
of that section, section 2903.06, 2903.07, or 2903.08 of the 8,251
Revised Code or a municipal ordinance that is substantially 8,252
similar to section 2903.07 of the Revised Code in a case in which 8,253
the jury or judge found that the offender was under the influence 8,254
202
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 8,255
statute of THE UNITED STATES OR OF any other state or a municipal 8,257
ordinance of a municipal corporation located in any other state
that is substantially similar to division (A) or (B) of section 8,258
4511.19 of the Revised Code, the offender is guilty of a 8,259
misdemeanor of the third degree.
(2) In addition to or independent of all other penalties 8,261
provided by law, the offender's driver's or commercial driver's 8,262
license or permit or nonresident operating privilege shall be 8,263
suspended in accordance with, and for the period of time 8,264
specified in, division (E) of section 4507.16 of the Revised 8,265
Code. 8,266
Sec. 4513.61. The sheriff of a county or chief of police 8,275
of a municipal corporation, township, or township police 8,276
district, within the sheriff's or chief's respective territorial 8,278
jurisdiction, or a state highway patrol trooper, upon 8,279
notification to the sheriff or chief of police of such action and 8,280
of the location of the place of storage, may order into storage 8,281
any motor vehicle, other than INCLUDING an abandoned junk motor 8,283
vehicle as defined in section 4513.63 of the Revised Code, which 8,284
THAT HAS COME INTO THE POSSESSION OF THE SHERIFF, CHIEF OF 8,285
POLICE, OR STATE HIGHWAY PATROL TROOPER AS A RESULT OF THE
PERFORMANCE OF THE SHERIFF'S, CHIEF'S, OR TROOPER'S DUTIES OR 8,286
THAT has been left on a public street or other property open to 8,287
the public for purposes of vehicular travel, or upon or within 8,288
the right-of-way of any road or highway, for forty-eight hours or 8,289
longer without notification to the sheriff or chief of police of 8,290
the reasons for leaving the motor vehicle in such place, EXCEPT 8,291
THAT WHEN SUCH A MOTOR VEHICLE CONSTITUTES AN OBSTRUCTION TO 8,292
TRAFFIC IT MAY BE ORDERED INTO STORAGE IMMEDIATELY. The sheriff 8,293
or chief of police shall designate the place of storage of any 8,294
motor vehicle so ordered removed.
The sheriff or chief of police immediately shall cause a 8,296
search to be made of the records of the bureau of motor vehicles 8,297
203
to ascertain the owner and any lienholder of a motor vehicle 8,298
ordered into storage by the sheriff or chief of police, or by a 8,299
state highway patrol trooper, and, if known, shall send or cause 8,300
to be sent notice to the owner or lienholder at the owner's or 8,301
lienholder's last known address by certified mail with return 8,303
receipt requested, that the motor vehicle will be declared a 8,304
nuisance and disposed of if not claimed within ten days of the 8,305
date of mailing of the notice. The owner or lienholder of the 8,306
motor vehicle may reclaim it upon payment of any expenses or 8,307
charges incurred in its removal and storage, and presentation of 8,308
proof of ownership, which may be evidenced by a certificate of 8,309
title to the motor vehicle. If the owner or lienholder of the 8,310
motor vehicle reclaims it after a search of the records of the 8,311
bureau has been conducted and after notice has been sent to the 8,312
owner or lienholder as described in this section, and the search 8,313
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 8,314
the owner of the place of storage or the owner's employee, the 8,315
owner or lienholder shall pay to the place of storage a 8,316
processing fee of twenty-five dollars, in addition to any 8,317
expenses or charges incurred in the removal and storage of the 8,318
vehicle.
If the owner or lienholder makes no claim to the motor 8,320
vehicle within ten days of the date of mailing of the notice, and 8,321
if the vehicle is to be disposed of at public auction as provided 8,322
in section 4513.62 of the Revised Code, the sheriff or chief of 8,323
police shall file with the clerk of courts of the county in which 8,324
the place of storage is located an affidavit showing compliance 8,325
with the requirements of this section. Upon presentation of the 8,326
affidavit, the clerk, without charge, shall issue a salvage 8,328
certificate of title, free and clear of all liens and 8,329
encumbrances, to the sheriff or chief of police. If the vehicle
is to be disposed of to a motor vehicle salvage dealer or other 8,330
facility as provided in section 4513.62 of the Revised Code, the 8,331
204
sheriff or chief of police shall execute in triplicate an 8,332
affidavit, as prescribed by the registrar of motor vehicles, 8,333
describing the motor vehicle and the manner in which it was 8,334
disposed of, and that all requirements of this section have been 8,335
complied with. The sheriff or chief of police shall retain the 8,336
original of the affidavit for the sheriff's or chief's records, 8,338
and shall furnish two copies to the motor vehicle salvage dealer 8,339
or other facility. Upon presentation of a copy of the affidavit 8,340
by the motor vehicle salvage dealer, the clerk of courts shall 8,341
issue to such owner a salvage certificate of title, free and 8,342
clear of all liens and encumbrances. 8,343
Whenever a motor vehicle salvage dealer or other facility 8,345
receives an affidavit for the disposal of a motor vehicle as 8,347
provided in this section, the dealer or facility shall not be 8,349
required to obtain an Ohio certificate of title to the motor 8,350
vehicle in the dealer's or facility's own name if the vehicle is 8,351
dismantled or destroyed and both copies of the affidavit are 8,352
delivered to the clerk of courts.
Sec. 4513.63. "Abandoned junk motor vehicle" means any 8,361
motor vehicle meeting all of the following requirements: 8,362
(A) Left on private property for more than seventy-two 8,364
FORTY-EIGHT hours OR LONGER without the permission of the person 8,365
having the right to the possession of the property, on a public 8,367
street or other property open to the public for purposes of 8,368
vehicular travel or parking, or upon or within the right-of-way 8,369
of any road or highway, for forty-eight hours or longer; 8,370
(B) Three years old, or older; 8,372
(C) Extensively damaged, such damage including but not 8,374
limited to any of the following: missing wheels, tires, motor, 8,375
or transmission; 8,376
(D) Apparently inoperable; 8,378
(E) Having a fair market value of four ONE THOUSAND FIVE 8,380
hundred dollars or less. 8,381
The sheriff of a county or chief of police of a municipal 8,383
205
corporation, township, or township police district, within his 8,384
THE SHERIFF'S OR CHIEF'S respective territorial jurisdiction, or 8,385
a state highway patrol trooper, upon notification to the sheriff 8,386
or chief of police of such action, shall order any abandoned junk 8,387
motor vehicle to be photographed by a law enforcement officer. 8,388
The officer shall record the make of motor vehicle, the serial 8,389
number when available, and shall also detail the damage or 8,390
missing equipment to substantiate the value of four ONE THOUSAND 8,391
FIVE hundred dollars or less. The sheriff or chief of police 8,392
shall thereupon immediately dispose of the abandoned junk motor 8,393
vehicle to a motor vehicle salvage dealer as defined in section 8,394
4738.01 of the Revised Code or a scrap metal processing facility 8,395
as defined in section 4737.05 of the Revised Code which is under 8,396
contract to the county, township, or municipal corporation, or to 8,397
any other facility owned by or under contract with the county, 8,398
township, or municipal corporation for the destruction of such 8,399
motor vehicles. The records and photograph relating to the 8,400
abandoned junk motor vehicle shall be retained by the law 8,401
enforcement agency ordering the disposition of such vehicle for a 8,402
period of at least two years. The law enforcement agency shall 8,403
execute in quadruplicate an affidavit, as prescribed by the 8,404
registrar of motor vehicles, describing the motor vehicle and the 8,405
manner in which it was disposed of, and that all requirements of 8,406
this section have been complied with, and shall sign and file the 8,407
same with the clerk of courts of the county in which the motor 8,408
vehicle was abandoned. The clerk of courts shall retain the 8,409
original of the affidavit for his THE CLERK'S files, shall 8,410
furnish one copy thereof to the registrar, one copy to the motor 8,411
vehicle salvage dealer or other facility handling the disposal of 8,412
the vehicle, and one copy to the law enforcement agency ordering 8,413
the disposal, who shall file such copy with the records and 8,414
photograph relating to the disposal. Any moneys arising from the 8,415
disposal of an abandoned junk motor vehicle shall be deposited in 8,416
the general fund of the county, township, or the municipal 8,417
206
corporation, as the case may be.
Notwithstanding section 4513.61 of the Revised Code, any 8,419
motor vehicle meeting the requirements of divisions (C), (D), and 8,420
(E) of this section which has remained unclaimed by the owner or 8,421
lienholder for a period of ten days or longer following 8,422
notification as provided in section 4513.61 of the Revised Code 8,423
may be disposed of as provided in this section. 8,424
Sec. 4519.04. (A) Upon the filing of an application for 8,433
registration of a snowmobile or all-purpose vehicle and the 8,434
payment of the tax therefor, the registrar of motor vehicles or a 8,435
deputy registrar shall assign to the snowmobile or all-purpose 8,436
vehicle a distinctive number and issue and deliver to the owner 8,437
in such manner as the registrar may select, a certificate of 8,438
registration, in such form as the registrar shall prescribe. Any 8,439
number so assigned to a snowmobile or all-purpose vehicle shall 8,440
be a permanent number, and shall not be issued to any other 8,441
snowmobile or all-purpose vehicle, except as provided in section 8,442
4519.05 of the Revised Code. 8,443
(B) Upon receipt of a certificate of registration for a 8,445
snowmobile or all-purpose vehicle other than a mini-bike or trail 8,446
bike, the owner shall paint on the vehicle or otherwise attach in 8,447
such manner as the registrar shall prescribe, the identifying 8,448
registration number in block characters of not less than two 8,450
inches in height and of such color as to be distinctly visible 8,451
and legible, as follows: 8,452
(1) In the case of a snowmobile, the number shall be 8,454
displayed upon each side of the forward cowling. 8,455
(2) In the case of an all-purpose vehicle, the number 8,457
shall be displayed upon the front and rear of the vehicle. 8,458
(C) the certificate of registration for a mini-bike or 8,461
trail bike shall be evidenced and displayed on the vehicle in 8,462
such manner as the registrar shall prescribe. 8,463
(D) Unless previously canceled, each certificate of 8,465
registration issued for a snowmobile or all-purpose vehicle shall 8,466
207
expire upon the thirty-first day of August DECEMBER in the third 8,468
year after the date it is issued. Application for renewal of a 8,469
certificate may be made not earlier than ninety days preceding 8,470
the expiration date, and shall be accompanied by a fee of five 8,471
dollars. The renewal of a certificate of registration for a 8,472
snowmobile or all-purpose vehicle shall be evidenced by a decal 8,473
or similar device identifying the registration period for which 8,474
it is issued, and shall be displayed upon the vehicle in such 8,475
manner as the registrar shall prescribe. 8,476
Section 2. That existing sections 125.56, 1905.01, 8,478
2301.374, 2919.22, 4501.01, 4501.021, 4501.25, 4503.10, 4503.103, 8,481
4503.12, 4503.19, 4503.27, 4503.301, 4503.31, 4503.311, 4503.312, 8,482
4503.33, 4503.84, 4505.07, 4505.08, 4505.11, 4506.01, 4506.08, 8,483
4506.14, 4506.16, 4506.17, 4507.01, 4507.02, 4507.021, 4507.022,
4507.08, 4507.09, 4507.10, 4507.13, 4507.14, 4507.16, 4507.162, 8,485
4507.163, 4507.169, 4507.50, 4507.52, 4509.31, 4511.191, 8,486
4511.193, 4511.195, 4511.196, 4511.99, 4513.61, 4513.63, and 8,487
4519.04 of the Revised Code are hereby repealed. 8,488
Section 3. Section 2919.22 of the Revised Code is 8,490
presented in this act as a composite of the section as amended by 8,491
both Am. Sub. H.B. 353 and Am. Sub. S.B. 269 of the 121st General 8,492
Assembly, with the new language of neither of the acts shown in 8,494
capital letters. Sections 4503.10 and 4503.12 of the Revised 8,495
Code are presented in this act as a composite of the sections as 8,496
amended by both Am. Sub. H.B. 353 and Am. Sub. S.B. 121 of the 8,497
121st General Assembly, with the new language of neither of the 8,499
acts shown in capital letters. Section 4507.02 of the Revised 8,500
Code is presented in this act as a composite of the section as 8,501
amended by both Am. Sub. S.B. 20 and Am. Sub. H.B. 687 of the 8,502
120th General Assembly, with the new language of neither of the 8,504
acts shown in capital letters. Section 4507.021 of the Revised
Code is presented in this act as a composite of the section as 8,506
amended by both Am. Sub. H.B. 353 and Am. Sub. H.B. 438 of the 8,507
121st General Assembly, with the new language of neither of the 8,508
208
acts shown in capital letters. Section 4507.16 of the Revised
Code is presented in this act as a composite of the section as 8,510
amended by Am. Sub. H.B. 353, Am. Sub. S.B. 166, Am. Sub. S.B. 8,511
269, and Am. Sub. H.B. 676 of the 121st General Assembly, with 8,512
the new language of none of the acts shown in capital letters. 8,513
Section 4511.193 of the Revised Code is presented in this act as 8,514
a composite of the section as amended by both Am. Sub. H.B. 353 8,516
and Am. Sub. S.B. 166 of the 121st General Assembly, with the new 8,517
language of neither of the acts shown in capital letters. 8,518
Section 4511.195 of the Revised Code is presented in this act as 8,520
a composite of the section as amended by Am. Sub. H.B. 353, Am. 8,521
Sub. S.B. 166, and Am. Sub. H.B. 676 of the 121st General 8,522
Assembly, with the new language of none of the acts shown in 8,524
capital letters. This is in recognition of the principle stated 8,525
in division (B) of section 1.52 of the Revised Code that such 8,526
amendments are to be harmonized where not substantively 8,527
irreconcilable and constitutes a legislative finding that such is 8,528
the resulting version in effect prior to the effective date of 8,529
this act.