As Introduced 1
123rd General Assembly 4
Regular Session H. B. No. 600 5
1999-2000 6
REPRESENTATIVE CLANCY 8
_________________________________________________________________ 9
A B I L L
To amend sections 4501.27, 4503.07, 4506.01, 11
4506.13, 4506.16, 4507.10, 4507.11, 4511.77, 12
4513.071, 4513.20, 4513.261, and 5577.11, and to 13
enact sections 4506.011 and 4507.101 of the
Revised Code to revise the law governing the 14
disclosure of personal information from records 15
of the Bureau of Motor Vehicles, to allow 16
driver's license reciprocity with foreign
countries, to make changes in Commercial Motor 17
Vehicle Law and vehicle equipment requirements, 18
and to make other changes in the law governing
drivers' licenses. 19
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 21
Section 1. That sections 4501.27, 4503.07, 4506.01, 23
4506.13, 4506.16, 4507.10, 4507.11, 4511.77, 4513.071, 4513.20, 24
4513.261, and 5577.11 be amended and sections 4506.011 and 25
4507.101 of the Revised Code be enacted to read as follows: 26
Sec. 4501.27. (A) Except as provided in division (B) of 36
this section, on and after September 13, 1997, the registrar of 37
motor vehicles, and any employee or contractor of the bureau of 38
motor vehicles, shall not knowingly disclose or otherwise make 39
available to any person or entity any personal information about 40
an individual that the bureau obtained in connection with a motor 41
vehicle record.
(B)(1) On and after September 13, 1997, the registrar, or 44
an employee or contractor of the bureau of motor vehicles, shall 45
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disclose personal information, OTHER THAN SENSITIVE PERSONAL 46
INFORMATION, about an individual that the bureau obtained in 47
connection with a motor vehicle record, for use in connection 48
with any of the following matters to carry out the purposes of 49
any specified federal automobile-related act: 50
(a) Motor vehicle or driver safety and theft; 52
(b) Motor vehicle emissions; 54
(c) Motor vehicle product alterations, recalls, or 56
advisories; 57
(d) Performance monitoring of motor vehicles and dealers 60
by motor vehicle manufacturers;
(e) Removal of non-owner records from the original owner 63
records of motor vehicle manufacturers.
(2) In addition to the disclosure required under division 65
(B)(1) of this section, on and after September 13, 1997, the 67
registrar, or an employee or contractor of the bureau of motor 68
vehicles, may disclose personal information about an individual 69
that the bureau obtained in connection with a motor vehicle 70
record, as follows:
(a) For the use of a government agency, including, but not 73
limited to, a court or law enforcement agency, in carrying out
its functions, or for the use of a private person or entity 74
acting on behalf of an agency of this state, another state, the 75
United States, or a political subdivision of this state or 77
another state in carrying out its functions;
(b) For use in connection with matters regarding motor 80
vehicle or driver safety and theft; motor vehicle emissions;
motor vehicle product alterations, recalls, or advisories; 81
performance monitoring of motor vehicles, motor vehicle parts, 82
and dealers; motor vehicle market research activities, including, 84
but not limited to, survey research; and removal of non-owner 85
records from the original owner records of motor vehicle
manufacturers; 86
(c) For use in the normal course of business by a 88
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legitimate business or an agent, employee, or contractor of a 89
legitimate business, but only for one of the following purposes: 90
(i) To verify the accuracy of personal information 92
submitted to the business, agent, employee, or contractor by an 93
individual;
(ii) If personal information submitted to the business, 96
agent, employee, or contractor by an individual is incorrect or
no longer is correct, to obtain the correct information, but only 97
for the purpose of preventing fraud, by pursuing legal remedies 98
against, or recovering on a debt or security interest against, 99
the individual.
(d) For use in connection with a civil, criminal, 101
administrative, or arbitral proceeding in a court or agency of 102
this state, another state, the United States, or a political 103
subdivision of this state or another state or before a 104
self-regulatory body, including, but not limited to, use in 105
connection with the service of process, investigation in
anticipation of litigation, or the execution or enforcement of a 106
judgment or order; 107
(e) Pursuant to an order of a court of this state, another 110
state, the United States, or a political subdivision of this
state or another state; 111
(f) For use in research activities or in producing 113
statistical reports, provided the personal information is not 114
published, redisclosed, or used to contact an individual; 115
(g) For use by an insurer, insurance support organization, 118
or self-insured entity, or by an agent, employee, or contractor
of that type of entity, in connection with any claims 119
investigation activity, anti-fraud activity, rating, or 120
underwriting;
(h) For use in providing notice to the owner of a towed, 123
impounded, immobilized, or forfeited vehicle;
(i) For use by any licensed private investigative agency 126
or licensed security service for any purpose permitted under
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division (B)(2) of this section; 127
(j) For use by an employer or by the agent or insurer of 130
an employer to obtain or verify information relating to the
holder of a commercial driver's license or permit that is 131
required under the "Commercial Motor Vehicle Safety Act of 1986," 132
100 Stat. 3207-170, 49 U.S.C. 2701, et seq., as now or hereafter 133
amended;
(k) For use in connection with the operation of a private 136
toll transportation facility;
(l) For any use not otherwise identified in division 138
(B)(2) of this section that is in response to a request for 140
individual motor vehicle records, if the bureau of motor vehicles 141
has provided both of the following in a clear and conspicuous 142
manner on forms for the issuance or renewal of driver's or 143
commercial driver's licenses, motor vehicle certificates of 144
title, motor vehicle registrations and identification license 145
plates, and identification cards:
(i) Notice that personal information collected by the 148
bureau on or in relation to the forms may be disclosed to any
person;
(ii) An opportunity for an individual who WHOSE PERSONAL 150
INFORMATION IS REQUESTED completes and submits any of the forms 152
TO THE REGISTRAR OR DEPUTY REGISTRAR A FORM PRESCRIBED BY THE 153
REGISTRAR BY RULE GIVING EXPRESS CONSENT to prohibit SUCH 154
disclosures.
(m) For bulk distribution for surveys, marketing, or 156
solicitations, if the bureau of motor vehicles has implemented 157
methods and procedures to ensure all of the following: 158
(i) That individuals are provided, in a clear and 160
conspicuous manner, an opportunity to prohibit uses of this 162
nature and, when a transaction is performed in person, the 163
individual is given verbal notice that personal information 164
collected by the bureau on or in relation to the forms for the 165
issuance or renewal of a driver's or commercial driver's license, 166
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a motor vehicle certificate of title, a motor vehicle
registration and license plates, and an identification card may 167
be disclosed for uses of this nature; 168
(ii) The information will be used, rented, or sold solely 170
for bulk distribution for surveys, marketing, or solicitations, 171
and that those surveys, marketing, and solicitations will not be 172
directed at an individual who has requested in a timely fashion 173
that the surveys, marketing, and solicitations not be directed at 174
that individual WHOSE PERSONAL INFORMATION IS REQUESTED COMPLETES 175
AND SUBMITS TO THE REGISTRAR OR A DEPUTY REGISTRAR A FORM 176
PRESCRIBED BY THE REGISTRAR BY RULE GIVING EXPRESS CONSENT TO
SUCH DISCLOSURES. 177
(n) For use by a person, state, or state agency that 179
requests the information, if the person, state, or state agency 180
demonstrates that it has obtained the written consent of the 181
individual to whom the information pertains; 182
(o) For any other use specifically authorized by law that 185
is related to the operation of a motor vehicle or to public
safety.
(3)(a) IN ADDITION TO THE DISCLOSURE REQUIRED UNDER 187
DIVISION (B)(1) OF THIS SECTION, THE REGISTRAR, OR AN EMPLOYEE OR 188
CONTRACTOR OF THE BUREAU OF MOTOR VEHICLES, MAY DISCLOSE 190
SENSITIVE PERSONAL INFORMATION ABOUT AN INDIVIDUAL THAT THE 191
BUREAU OBTAINED IN CONNECTION WITH A MOTOR VEHICLE RECORD, IF
EITHER OF THE FOLLOWING CONDITIONS ARE SATISFIED: 192
(i) THE INDIVIDUAL WHOSE PERSONAL INFORMATION IS REQUESTED 194
COMPLETES AND SUBMITS TO THE REGISTRAR OR DEPUTY REGISTRAR A FORM 195
PRESCRIBED BY THE REGISTRAR BY RULE GIVING EXPRESS CONSENT TO 196
SUCH DISCLOSURE; 197
(ii) THE DISCLOSURE IS FOR ONE OR MORE OF THE PURPOSES 199
DESCRIBED IN DIVISION (B)(2)(a), (d), (g), OR (j) OF THIS 201
SECTION.
(b) DIVISION (B)(3)(a) OF THIS SECTION DOES NOT APPLY TO 204
THE DISCLOSURE OF SENSITIVE PERSONAL INFORMATION THAT IS SUBJECT 205
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TO SECTION 4501.15 OR 4507.53 OF THE REVISED CODE. 206
(C) On and after September 13, 1997, an authorized 208
recipient of personal information about an individual that the 209
bureau of motor vehicles obtained in connection with a motor 210
vehicle record, other than a recipient under division (B)(2)(l) 211
or (m) of this section, may resell or redisclose the personal 213
information only for a use permitted under division (B)(1), 214
(B)(2)(a) to (k), (B)(2)(n), or (B)(2)(o) of this section. On 215
and after September 13, 1997, an authorized recipient of personal 216
information about an individual under division (B)(2)(l) of this 218
section may resell or redisclose the information for any purpose. 219
On and after September 13, 1997, an authorized recipient of 220
personal information under division (B)(2)(m) of this section may 223
resell or redisclose the information as specified pursuant to
that division. On and after September 13, 1997, an authorized 225
recipient of personal information about an individual under
division (B) of this section, other than a recipient under 228
division (B)(2)(l) of this section, that resells or rediscloses 229
any personal information covered by this section must keep for a 230
period of five years a record that identifies each person or 231
entity that receives any of the personal information and the
permitted purpose for which the information is to be used, and 232
must make all such records available to the registrar of motor 233
vehicles upon the registrar's request. 234
(D) The registrar may establish and carry out procedures 237
under which the registrar or the registrar's agents, upon receipt 239
of a request for personal information on or after September 13, 240
1997, that does not satisfy any of the criteria for disclosure of 241
the information that are set forth in division (B)(1) or (2) of 242
this section, may notify the individual about whom the 243
information was requested, by regular mail, that the request was 244
made. Any procedures so adopted shall provide that, if the 246
registrar or an agent of the registrar mails the notice to the
individual, the registrar or agent shall include with the notice 247
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a copy of the request and conspicuously shall include in the 248
notice a statement that the information will not be released 249
unless the individual waives the individual's right to privacy 250
regarding the information that is granted under this section.
(E) The registrar of motor vehicles may adopt any forms 253
and rules, consistent with but no more restrictive than the
requirements of Public Law No. 130-322, Title XXX, 18 U.S.C. 258
2721-2725, that are necessary to carry out the registrar's duties 259
under this section on and after September 13, 1997. 260
(F) Divisions (A) to (E) of this section do not apply to 263
the release of any personal information prior to September 13, 264
1997.
(G) As used in this section: 266
(1) "Motor vehicle record" means a record that pertains to 268
a motor vehicle driver's or commercial driver's license or 269
permit, a motor vehicle certificate of title, a motor vehicle 270
registration or motor vehicle identification license plates, or 271
an identification card issued by the bureau of motor vehicles. 272
(2) "Person" has the same meaning as in section 1.59 of 274
the Revised Code and does not include this state, another state, 276
or an agency of this state or another state. 277
(3) "Personal information" means information that 279
identifies an individual, including, but not limited to, an 280
individual's photograph or digital image, social security number, 282
driver or driver's license identification number, name, telephone 283
number, or medical or disability information, or an individual's
address other than the five-digit zip code number. "Personal 285
information" does not include information pertaining to a
vehicular accident, driving or traffic violation, or driver's 286
status.
(4) "Specified federal automobile-related act" means the 289
"automobile information disclosure act," 72 Stat. 325, 15 U.S.C. 294
1231-1233, the "Motor Vehicle Information and Cost Saving Act," 299
86 Stat. 947, 15 U.S.C. 1901, et seq., the "National Traffic and 303
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Motor Vehicle Safety Act of 1966," 80 Stat. 718, 15 U.S.C. 1381, 308
et seq., the "Anti-car Theft Act of 1992," 106 Stat. 3384, 15 311
U.S.C. 2021, et seq., and the "Clean Air Act," 69 Stat. 322, 42 315
U.S.C. 7401, et seq., all as now or hereafter amended. 316
(5) "SENSITIVE PERSONAL INFORMATION" MEANS AN INDIVIDUAL'S 318
PHOTOGRAPH OR DIGITAL IMAGE, SOCIAL SECURITY NUMBER, OR MEDICAL 319
OR DISABILITY INFORMATION. 320
Sec. 4503.07. In lieu of the schedule of rates for 329
commercial cars fixed in section 4503.04 of the Revised Code, the 330
fee shall be ten dollars for each church bus used exclusively to 331
transport members of a church congregation to and from church 332
services or church functions or to transport children and their 333
authorized supervisors to and from any camping function sponsored 334
by a nonprofit, tax-exempt, charitable or philanthropic 335
organization. A church within the meaning of this section is an 336
organized religious group, duly constituted with officers and a 337
board of trustees, regularly holding religious services, and 338
presided over or administered to by a properly accredited
ecclesiastical officer, whose name and standing is published in 339
the official publication of the officer's religious group. 340
The application for registration of such bus shall be 342
accompanied by both of the following, AS APPLICABLE: 343
(A) An affidavit, prescribed by the registrar of motor 345
vehicles and signed by either the senior pastor, minister, 346
priest, or rabbi of the church making application or by the head 347
of the governing body of the church making application, stating 348
that the bus is to be used exclusively to transport members of a 349
church congregation to and from church services or church 351
functions or to transport children and their authorized 352
supervisors to and from any camping function sponsored by a 353
nonprofit, tax-exempt, charitable, or philanthropic organization; 354
(B) A certificate from the state highway patrol stating 356
that the bus involved is safe for operation in accordance with 357
such standards as are prescribed by the state highway patrol IF 359
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THE BUS MEETS EITHER OF THE FOLLOWING:
(1) IT ORIGINALLY WAS DESIGNED BY THE MANUFACTURER TO 361
TRANSPORT SIXTEEN OR MORE PASSENGERS, INCLUDING THE DRIVER; 362
(2) IT HAS A GROSS VEHICLE WEIGHT RATING OF TEN THOUSAND 364
ONE POUNDS OR MORE. 365
The form of the license plate and the manner of its 367
attachment to the vehicle shall be prescribed by the registrar. 368
Sec. 4506.01. As used in this chapter: 379
(A) "Alcohol concentration" means the concentration of 381
alcohol in a person's blood, breath, or urine. When expressed as 382
a percentage, it means grams of alcohol per the following: 383
(1) One hundred milliliters of blood; 385
(2) Two hundred ten liters of breath; 387
(3) One hundred milliliters of urine. 389
(B) "School bus" has the same meaning as in section 391
4511.01 of the Revised Code. 392
(C) "Commercial driver's license" means a license issued 394
in accordance with this chapter that authorizes an individual to 395
drive a commercial motor vehicle. 396
(D) "Commercial driver license information system" means 398
the information system established pursuant to the requirements 399
of the "Commercial Motor Vehicle Safety Act of 1986," 100 Stat. 400
3207-171, 49 U.S.C.A. App. 2701. 401
(E) Except when used in section 4506.25 of the Revised 403
Code, "commercial motor vehicle" means any motor vehicle designed 406
or used to transport persons or property that meets any of the 407
following qualifications:
(1) Any combination of vehicles with a combined gross 409
vehicle weight rating of twenty-six thousand one pounds or more, 410
provided the gross vehicle weight rating of the vehicle or 411
vehicles being towed is in excess of ten thousand pounds; 412
(2) Any single vehicle with a gross vehicle weight rating 414
of twenty-six thousand one pounds or more, or any such vehicle 415
towing a vehicle having a gross vehicle weight rating that is not 416
10
in excess of ten thousand pounds; 417
(3) Any single vehicle or combination of vehicles that is 419
not a class A or class B vehicle, but that either is designed to 420
transport sixteen or more passengers including the driver, or is 421
placarded for hazardous materials; 422
(4) Any school bus with a gross vehicle weight rating of 425
less than twenty-six thousand one pounds that is designed to 426
transport fewer than sixteen passengers including the driver; 427
(5) Is transporting hazardous materials for which 429
placarding is required by regulations adopted under the 430
"Hazardous Materials Transportation Act," 88 Stat. 2156 (1975), 431
49 U.S.C.A. 1801, as amended; 432
(6) Any single vehicle or combination of vehicles that is 434
designed to be operated and to travel on a public street or 435
highway and is considered by the federal highway administration 436
to be a commercial motor vehicle, including, but not limited to, 437
a motorized crane, a vehicle whose function is to pump cement, a 438
rig for drilling wells, and a portable crane.
(F) "Controlled substance" means all of the following: 440
(1) Any substance classified as a controlled substance 442
under the "Controlled Substances Act," 80 Stat. 1242 (1970), 21 443
U.S.C.A. 802(6), as amended; 444
(2) Any substance included in schedules I through V of 21 446
C.F.R. part 1308, as amended; 447
(3) Any drug of abuse. 449
(G) "Conviction" means an unvacated adjudication of guilt 451
or a determination that a person has violated or failed to comply 452
with the law EITHER in a court of original jurisdiction, OR BY AN 454
AUTHORIZED ADMINISTRATIVE AGENCY OR OFFICER, an unvacated
forfeiture of bail or collateral deposited to secure the person's 455
appearance in court, the payment of a fine or court cost, or 456
violation of a condition of release without bail, regardless of 457
whether or not the penalty is rebated, suspended, or probated. 458
(H) "Disqualification" means withdrawal of the privilege 460
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to drive a commercial motor vehicle. 461
(I) "Drive" means to drive, operate, or be in physical 463
control of a motor vehicle. 464
(J) "Driver" means any person who drives, operates, or is 466
in physical control of a commercial motor vehicle or is required 467
to have a commercial driver's license. 468
(K) "Driver's license" means a license issued by the 470
bureau of motor vehicles that authorizes an individual to drive. 471
(L) "Drug of abuse" means any controlled substance, 473
dangerous drug as defined in section 4729.01 of the Revised Code, 474
or over-the-counter medication that, when taken in quantities 475
exceeding the recommended dosage, can result in impairment of 476
judgment or reflexes. 477
(M) "Employer" means any person, including the federal 479
government, any state, and a political subdivision of any state, 480
that owns or leases a commercial motor vehicle or assigns a 481
person to drive such a motor vehicle. 482
(N) "Endorsement" means an authorization on a person's 484
commercial driver's license that is required to permit the person 485
to operate a specified type of commercial motor vehicle. 486
(O) "Felony" means any offense under federal or state law 488
that is punishable by death or specifically classified as a 489
felony under the law of this state, regardless of the penalty 490
that may be imposed. 491
(P) "Foreign jurisdiction" means any jurisdiction other 493
than a state. 494
(Q) "Gross vehicle weight rating" means the value 496
specified by the manufacturer as the maximum loaded weight of a 497
single or a combination vehicle. The gross vehicle weight rating 498
of a combination vehicle is the gross vehicle weight rating of 499
the power unit plus the gross vehicle weight rating of each towed 500
unit. 501
(R) "Hazardous materials" means materials identified as 503
such under regulations adopted under the "Hazardous Materials 504
12
Transportation Act," 88 Stat. 2156 (1975), 49 U.S.C.A. 1801, as 505
amended. 506
(S) "Motor vehicle" has the same meaning as in section 508
4511.01 of the Revised Code. 509
(T) Except when used in sections 4506.25 and 4506.26 of 511
the Revised Code, "out-of-service order" means a temporary 512
prohibition against driving a commercial motor vehicle issued 513
under this chapter or a similar law of another state or of a 514
foreign jurisdiction. 515
(U) "Residence" means any person's residence determined in 517
accordance with standards prescribed in rules adopted by the 519
registrar.
(V) "Temporary residence" means residence on a temporary 521
basis as determined by the registrar in accordance with standards 522
prescribed in rules adopted by the registrar. 523
(W) "Serious traffic violation" means a conviction arising 525
from the operation of a commercial motor vehicle that involves 526
any of the following: 527
(1) A single charge of any speed that is in excess of the 529
posted speed limit by an amount specified by the United States 530
secretary of transportation and that the director of public 531
safety designates as such by rule; 532
(2) Violation of section 4511.20, 4511.201, or 4511.202 of 534
the Revised Code or any similar ordinance or resolution, or of 535
any similar law of another state or political subdivision of 536
another state; 537
(3) Violation of a law of this state or an ordinance or 539
resolution relating to traffic control, other than a parking 540
violation, or of any similar law of another state or political 541
subdivision of another state, that results in a fatal accident; 542
(4) Violation of any other law of this state or an 544
ordinance or resolution relating to traffic control, other than a 545
parking violation, that is determined to be a serious traffic 546
violation by the United States secretary of transportation and 547
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the director designates as such by rule. 548
(X) "State" means a state of the United States and 550
includes the District of Columbia. 551
(Y) "Tank vehicle" means any commercial motor vehicle that 553
is designed to transport any liquid MATERIAL WITH A MAXIMUM NET 554
MASS GREATER THAN ONE HUNDRED NINETEEN GALLONS or gaseous 555
materials MATERIAL WITH A WATER CAPACITY GREATER THAN ONE 556
THOUSAND POUNDS within a tank that is either permanently or 557
temporarily attached to the vehicle or its chassis, but. "TANK 558
VEHICLE" does not include any EITHER OF THE FOLLOWING: 559
(1) ANY portable tank having a rated capacity of less than 562
one thousand gallons;
(2) TANKS USED EXCLUSIVELY AS A FUEL TANK FOR THE MOTOR 564
VEHICLE TO WHICH IT IS ATTACHED. 565
(Z) "United States" means the fifty states and the 567
District of Columbia. 568
(AA) "Vehicle" has the same meaning as in section 4511.01 570
of the Revised Code. 571
(BB) "Peace officer" has the same meaning as in section 573
2935.01 of the Revised Code. 574
(CC) "PORTABLE TANK" MEANS A LIQUID OR GASEOUS PACKAGING 576
DESIGNED PRIMARILY TO BE LOADED ON OR TEMPORARILY ATTACHED TO A 577
VEHICLE AND EQUIPPED WITH SKIDS, MOUNTINGS, OR ACCESSORIES TO 578
FACILITATE HANDLING OF THE TANK BY MECHANICAL MEANS. 579
Sec. 4506.011. FOR PURPOSES OF THIS CHAPTER, THE ACTUAL 581
GROSS WEIGHT OF A VEHICLE OR COMBINATION OF VEHICLES MAY BE USED 582
IN LIEU OF A GROSS VEHICLE WEIGHT RATING TO DETERMINE WHETHER A 583
VEHICLE OR COMBINATION OF VEHICLES QUALIFIES AS A COMMERCIAL 584
MOTOR VEHICLE IF THE GROSS VEHICLE WEIGHT RATING SPECIFIED BY THE 585
MANUFACTURER FOR THE VEHICLE OR COMBINATION OF VEHICLES IS NOT 586
DETERMINABLE, OR IF THE MANUFACTURER OF THE VEHICLE HAS NOT 587
SPECIFIED A GROSS VEHICLE WEIGHT RATING. 588
Sec. 4506.13. (A) The registrar may authorize the highway 597
patrol OR ANY OTHER EMPLOYEE OF THE DEPARTMENT OF PUBLIC SAFETY 598
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to issue an examiner's commercial examinations passed form to an 600
applicant who has passed the required examinations. The
examiner's commercial examinations passed form shall be used, 601
once it has been validated, to indicate the examinations taken 602
and passed by the commercial driver's license applicant. 603
(B) Before issuing a commercial driver's license, the 605
registrar of motor vehicles shall obtain information about the 606
applicant's driving record through the commercial driver license 607
information system, when available, and the national driver 608
register. If the record check reveals information that the 609
applicant claims is outdated, contested, or invalid, the 610
registrar shall deny the application until the applicant can 611
resolve the conflict. 612
Within ten days after issuing a commercial driver's 614
license, the registrar shall notify the commercial driver license 615
information system, when available, of that fact and shall 616
provide all information required to ensure identification of the 617
licensee. 618
Sec. 4506.16. (A) Whoever violates division (A) of 627
section 4506.15 of the Revised Code or a similar law of another 628
state or a foreign jurisdiction, immediately shall be placed 629
out-of-service for twenty-four hours, in addition to any 630
disqualification required by this section and any other penalty 631
imposed by the Revised Code. 632
(B) The registrar of motor vehicles shall disqualify any 634
person from operating a commercial motor vehicle as follows: 635
(1) Upon a first conviction for a violation of divisions 637
(B) to (G) of section 4506.15 of the Revised Code or a similar 638
law of another state or a foreign jurisdiction, one year, in 639
addition to any other penalty imposed by the Revised Code; 640
(2) Upon a first conviction for a violation of division 642
(H) of section 4506.15 of the Revised Code or a similar law of 643
another state or a foreign jurisdiction, three years, in addition 644
to any other penalty imposed by the Revised Code; 645
15
(3) Upon a second conviction for a violation of divisions 647
(B) to (G) of section 4506.15 of the Revised Code or a similar 648
law of another state or a foreign jurisdiction, or any 649
combination of such violations arising from two or more separate 650
incidents, the person shall be disqualified for life or for any 651
other period of time as determined by the United States secretary 652
of transportation and designated by the director of public safety 653
by rule, in addition to any other penalty imposed by the Revised 654
Code; 655
(4) Upon conviction of a violation of division (E) of 657
section 4506.15 of the Revised Code or a similar law of another 658
state or a foreign jurisdiction in connection with the 659
manufacture, distribution, or dispensing of a controlled 660
substance or the possession with intent to manufacture, 661
distribute, or dispense a controlled substance, the person shall 662
be disqualified for life, in addition to any other penalty 663
imposed by the Revised Code; 664
(5) Upon conviction of two serious traffic violations 666
involving the operation of a commercial motor vehicle by the 667
person and arising from separate incidents occurring in a 668
three-year period, the person shall be disqualified for sixty 669
days, in addition to any other penalty imposed by the Revised 670
Code; 671
(6) Upon conviction of three serious traffic violations 673
involving the operation of a commercial motor vehicle by the 674
person and arising from separate incidents occurring in a 675
three-year period, the person shall be disqualified for one 676
hundred twenty days, in addition to any other penalty imposed by 677
the Revised Code. 678
(C) For the purposes of this section, conviction of a 680
violation for which disqualification is required may be evidenced 681
by any of the following: 682
(1) A judgment entry of a court of competent jurisdiction 684
in this or any other state; 685
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(2) An administrative order of a state agency of a THIS OR 687
ANY OTHER state other than Ohio having statutory jurisdiction 689
over commercial drivers;
(3) A computer record obtained from or through the 691
commercial driver's license information system; 692
(4) A computer record obtained from or through a state 694
agency of a THIS OR ANY OTHER state other than Ohio having 696
statutory jurisdiction over commercial drivers or the records of 697
commercial drivers.
(D) Any record described in division (C) of this section 699
shall be deemed to be self-authenticating when it is received by 700
the bureau of motor vehicles. 701
(E) When disqualifying a driver, the registrar shall cause 703
the records of the bureau to be updated to reflect that action 704
within ten days after it occurs. 705
(F) The registrar immediately shall notify a driver who is 707
finally convicted of any offense described in section 4506.15 of 708
the Revised Code or division (B)(4), (5), or (6) of this section 709
and thereby is subject to disqualification, of the offense or 710
offenses involved, of the length of time for which 711
disqualification is to be imposed, and that the driver may 712
request a hearing within thirty days of the mailing of the notice 713
to show cause why the driver should not be disqualified from 714
operating a commercial motor vehicle. If a request for such a 716
hearing is not made within thirty days of the mailing of the 717
notice, the order of disqualification is final. The registrar 718
may designate hearing examiners who, after affording all parties 719
reasonable notice, shall conduct a hearing to determine whether 720
the disqualification order is supported by reliable evidence. 721
The registrar shall adopt rules to implement this division. 722
(G) Any person who is disqualified from operating a 724
commercial motor vehicle under this section may apply to the 725
registrar for a driver's license to operate a motor vehicle other 726
than a commercial motor vehicle, provided the person's commercial 727
17
driver's license is not otherwise suspended or revoked. A person 728
whose commercial driver's license is suspended or revoked shall 729
not apply to the registrar for or receive a driver's license 730
under Chapter 4507. of the Revised Code during the period of 731
suspension or revocation. 732
Sec. 4507.10. (A) The registrar of motor vehicles shall 745
examine every applicant for a temporary instruction permit, 746
driver's license, or motorcycle operator's endorsement before 748
issuing any such permit, license, or endorsement. 749
(B) Except as provided in section 4507.12 of the Revised 751
Code, the registrar may waive the examination of any person 752
applying for the renewal of a driver's license or motorcycle 753
operator's endorsement issued under this chapter, provided that 754
IF the applicant PERSON presents AND SURRENDERS either an 756
unexpired license or endorsement or a license or endorsement 757
which has expired not more than six months prior to the date of 758
application. EXCEPT AS PROVIDED IN SECTION 4507.12 OF THE 759
REVISED CODE, THE REGISTRAR MAY WAIVE THE EXAMINATION OF ANY
PERSON APPLYING FOR A DRIVER'S LICENSE IF THE PERSON PRESENTS AND 760
SURRENDERS A VALID LICENSE ISSUED BY ANOTHER STATE AND THE 761
LICENSE IS UNEXPIRED OR EXPIRED NOT MORE THAN SIX MONTHS. 762
(C) The registrar may waive the examination of any person 764
applying for the renewal of such a license or endorsement who is 765
on active duty in the armed forces of the United States or in 767
service with the peace corps, volunteers in service to America, 768
or the foreign service of the United States if the applicant has 769
no physical or mental disabilities that would affect the 770
applicant's driving ability, had a valid Ohio driver's or 771
commercial driver's license at the time the applicant commenced 773
such active duty or service, and the applicant's license is not 774
under suspension or revocation by this state or any other 775
jurisdiction. The registrar also may waive the examination of 776
the spouse or a dependent of any such person on active duty or in
service if the applicant has no physical or mental disabilities 777
18
that would affect his THE APPLICANT'S driving ability, was an 779
Ohio licensee at the time the person commenced the active duty or 780
service, and if the person's active duty caused the spouse or
dependent to relocate outside of this state during the period of 781
the active duty or service. 782
(D) Except as provided in section 4507.12 of the Revised 784
Code, the registrar may waive the examination of any person 785
applying for such a license or endorsement who meets any of the 786
following sets of qualifications: 787
(1) Has been on active duty in the armed forces of the 790
United States, presents an honorable discharge certificate 791
showing that the applicant has no physical or mental disabilities 792
that would affect the applicant's driving ability, had a valid 794
Ohio driver's or commercial driver's license at the time the 796
applicant commenced his THE APPLICANT'S active duty, is not under 797
a license suspension or revocation by this state or any other 798
jurisdiction, and makes the application not more than six months 799
after the date of discharge or separation;. 801
(2) Was in service with the peace corps, volunteers in 803
service to America, or the foreign service of the United States; 804
presents such evidence of his THE APPLICANT'S service as the 805
registrar prescribes showing that the applicant has no physical 807
or mental disabilities that would affect THE applicant's driving 808
ability; had a valid Ohio driver's or commercial driver's license 810
at the time the applicant commenced his THE APPLICANT'S service, 812
is not under a license suspension or revocation by this state or 813
any other jurisdiction, and makes the application no more than 814
six months after leaving the peace corps, volunteers, or foreign 815
service.
(3) Is the spouse or a dependent of a person on active 817
duty in the armed forces of the United States, or in service with 818
the peace corps, volunteers in service to America, or the foreign 819
service of the United States; presents such evidence as the 820
registrar prescribes showing that the applicant has no physical 821
19
or mental disabilities that would affect his driving ability;
presents such evidence as the registrar prescribes showing that 822
the applicant relocated outside of Ohio as a result of the 823
person's active duty or service; was an Ohio licensee at the time 824
of the relocation; and makes the application not more than six 825
months after returning to Ohio.
Sec. 4507.101. (A) THE REGISTRAR OF MOTOR VEHICLES MAY 827
ENTER INTO A RECIPROCAL ARRANGEMENT WITH ANOTHER COUNTRY FOR 828
RECIPROCAL RECOGNITION OF DRIVER'S LICENSES IF BOTH OF THE 830
FOLLOWING CONDITIONS ARE SATISFIED:
(1) THE COUNTRY GRANTS THE SAME OR SIMILAR EXEMPTIONS 832
RELATING TO DRIVERS' LICENSES TO PERSONS HOLDING VALID DRIVER'S 833
LICENSES ISSUED BY THIS STATE; 834
(2) THE COUNTRY CHARGES ONLY REASONABLE FEES FOR DRIVER'S 836
LICENSE APPLICATIONS, AS DETERMINED BY THE REGISTRAR IN THE 837
REGISTRAR'S SOLE DISCRETION, AND THE FEES ARE CHARGED IMPARTIALLY 838
TO ALL APPLICANTS. 839
(B) THE REGISTRAR SHALL NOT ENTER INTO A RECIPROCAL 841
ARRANGEMENT, AND SHALL CANCEL ANY SUCH ARRANGEMENT PREVIOUSLY 842
ENTERED INTO, IF THE COUNTRY DOES NOT COMPLY WITH DIVISIONS 843
(A)(1) AND (2) OF THIS SECTION. 844
(C) EXCEPT AS PROVIDED IN SECTION 4507.12 OF THE REVISED 846
CODE, THE REGISTRAR MAY WAIVE THE EXAMINATION OF ANY PERSON 847
APPLYING FOR A DRIVER'S LICENSE IF THE PERSON PRESENTS A VALID, 848
UNEXPIRED LICENSE ISSUED BY A COUNTRY WITH WHICH THE REGISTRAR 849
HAS A RECIPROCAL ARRANGEMENT. 850
(D) THE REGISTRAR MAY PRESCRIBE THE CONDITIONS UPON WHICH 852
A DRIVER'S LICENSE MAY BE ISSUED OR RETAINED UNDER THIS SECTION. 853
THE REGISTRAR SHALL NOT PROHIBIT AN APPLICANT FROM RETAINING THE 854
FOREIGN LICENSE AFTER THE REGISTRAR OR DEPUTY REGISTRAR ISSUING 855
THE OHIO LICENSE VIEWS AND AUTHENTICATES THE FOREIGN LICENSE. 856
Sec. 4507.11. The registrar of motor vehicles shall 865
conduct all necessary examinations of applicants for temporary 866
instruction permits, drivers' licenses, or motorcycle operators' 868
20
endorsements. The examination shall include a test of the 869
applicant's knowledge of motor vehicle laws, including the laws 870
on stopping for school buses, a test of the applicant's physical 871
fitness to drive, and a test of the applicant's ability to 873
understand highway traffic control devices. The examination may 874
be conducted in such a manner that applicants who are illiterate 875
or limited in their knowledge of the English language may be 876
tested by methods that would indicate to the examining officer 877
that the applicant has a reasonable knowledge of motor vehicle 878
laws and understands highway traffic control devices. An 879
applicant for a driver's license shall give an actual 880
demonstration of the ability to exercise ordinary and reasonable 881
control in the operation of a motor vehicle by driving the same 882
under the supervision of an examining officer. An applicant for 883
a motorcycle operator's endorsement shall give an actual 884
demonstration of the ability to exercise ordinary and reasonable 886
control in the operation of a motorcycle by driving the same 887
under the supervision of an examining officer. Except as 888
provided in section 4507.12 of the Revised Code, the registrar 889
shall designate the highway patrol or, any law enforcement body, 891
OR ANY OTHER EMPLOYEE OF THE DEPARTMENT OF PUBLIC SAFETY to 892
supervise and conduct examinations for temporary instruction
permits, drivers' licenses, and motorcycle operators' 894
endorsements and shall provide the necessary rules and forms to 895
properly conduct the examinations. The records of the 896
examinations, together with the application for a temporary 898
instruction permit, driver's license, or motorcycle operator's 899
endorsement, shall be forwarded to the registrar by the deputy 900
registrar, and, if in the opinion of the registrar the applicant 901
is qualified to operate a motor vehicle, the registrar shall 902
issue the permit, license, or endorsement. 904
The registrar may authorize the highway patrol or, other 906
designated law enforcement body, OR OTHER DESIGNATED EMPLOYEE OF 907
THE DEPARTMENT OF PUBLIC SAFETY to issue an examiner's driving 908
21
permit to an applicant who has passed the required examination, 909
authorizing that applicant to operate a motor vehicle while the 910
registrar is completing an investigation relative to that 912
applicant's qualifications to receive a temporary instruction
permit, driver's license, or motorcycle operator's endorsement. 914
The examiner's driving permit shall be in the immediate 915
possession of the applicant while operating a motor vehicle and 916
shall be effective until final action and notification has been 917
given by the registrar, but in no event longer than sixty days 918
from its date of issuance.
Sec. 4511.77. No person shall operate, nor shall any 927
person being the owner thereof or having supervisory 928
responsibility therefor permit the operation of, a school bus 929
within this state unless it is painted national school bus chrome 930
number two YELLOW and is marked on both front and rear with the 931
words "school bus" in black lettering not less than eight inches
in height and on the rear of the bus with the word "stop" in 932
black lettering not less than ten inches in height. 933
Sec. 4513.071. All EVERY motor vehicles VEHICLE, TRAILER, 943
SEMITRAILER, AND POLE TRAILER when operated upon a highway shall
be equipped with at least one TWO OR MORE stop light LIGHTS, 946
EXCEPT THAT PASSENGER CARS MANUFACTURED OR ASSEMBLED PRIOR TO 947
JANUARY 1, 1967, MOTORCYCLES, AND MOTOR-DRIVEN CYCLES SHALL BE
EQUIPPED WITH AT LEAST ONE STOP LIGHT. STOP LIGHTS SHALL BE 948
mounted on the rear of the vehicle which shall be, actuated upon 950
application of the service brake, and which may be incorporated 952
with other rear lights. Such stop lights when actuated shall
emit a red light visible from a distance of five hundred feet to 954
the rear, provided that in the case of a train of vehicles only 955
the stop lights on the rear-most vehicle need be visible from the 956
distance specified.
Such stop lights when actuated shall give a steady warning 958
light to the rear of a vehicle or train of vehicles to indicate 959
the intention of the operator to diminish the speed of or stop a 960
22
vehicle or train of vehicles.
When stop lights are used as required by this section, they 962
shall be constructed or installed so as to provide adequate and 963
reliable illumination and shall conform to the appropriate rules 964
and regulations established under section 4513.19 of the Revised 965
Code.
Historical motor vehicles as defined in section 4503.181 of 967
the Revised Code are not subject to this section. 969
Sec. 4513.20. The following requirements govern as to 978
brake equipment on vehicles: 979
(A) Every trackless trolley and motor vehicle, other than 981
a motorcycle, when operated upon a highway shall be equipped with 982
brakes adequate to control the movement of and to stop and hold 983
such trackless trolley or motor vehicle, including two separate 984
means of applying the brakes, each of which means shall be 985
effective to apply the brakes to at least two wheels. If these 986
two separate means of applying the brakes are connected in any 987
way, then on such trackless trolleys or motor vehicles 988
manufactured or assembled after January 1, 1942, they shall be so 989
constructed that failure of any one part of the operating 990
mechanism shall not leave the trackless trolley or motor vehicle 991
without brakes on at least two wheels. 992
(B) Every motorcycle, when operated upon a highway shall 994
be equipped with at least one adequate brake, which may be 995
operated by hand or by foot. 996
(C) Every motorized bicycle shall be equipped with brakes 998
meeting the rules adopted by the director of public safety under 999
section 4511.521 of the Revised Code. 1,000
(D) Every trailer or semitrailer, except a pole trailer, 1,002
of a gross weight of two thousand pounds or more, manufactured or 1,003
assembled on or after January 1, 1942, when WHEN operated upon 1,004
the highways of this state, THE FOLLOWING VEHICLES shall be 1,005
equipped with brakes adequate to control the movement of and to 1,007
stop and to hold such THE vehicle and so, designed as to be 1,008
23
applied by the driver of the towing motor vehicle from its cab, 1,009
and said brakes shall be so ALSO designed and connected SO that, 1,011
in case of a breakaway of the towed vehicle, the brakes shall be 1,012
automatically applied:
(1) EVERY TRAILER OR SEMITRAILER, EXCEPT A POLE TRAILER, 1,014
WITH AN EMPTY WEIGHT OF TWO THOUSAND POUNDS OR MORE, MANUFACTURED 1,015
OR ASSEMBLED ON OR AFTER JANUARY 1, 1942; 1,016
(2) EVERY MANUFACTURED HOME OR TRAVEL TRAILER WITH AN 1,018
EMPTY WEIGHT OF TWO THOUSAND POUNDS OR MORE, MANUFACTURED OR 1,019
ASSEMBLED ON OR AFTER JANUARY 1, 2001. 1,020
(E) In any combination of motor-drawn trailers or 1,022
semitrailers equipped with brakes, means shall be provided for 1,023
applying the rearmost brakes in approximate synchronism with the 1,024
brakes on the towing vehicle, and developing the required braking 1,025
effort on the rearmost wheels at the fastest rate; or means shall 1,026
be provided for applying braking effort first on the rearmost 1,027
brakes; or both of the above means, capable of being used 1,028
alternatively, may be employed. 1,029
(F) Every vehicle and combination of vehicles, except 1,031
motorcycles and motorized bicycles, and except trailers and 1,032
semitrailers of a gross weight of less than two thousand pounds, 1,033
and pole trailers, shall be equipped with parking brakes adequate 1,034
to hold the vehicle on any grade on which it is operated, under 1,035
all conditions of loading, on a surface free from snow, ice, or 1,036
loose material. The parking brakes shall be capable of being 1,037
applied in conformance with the foregoing requirements by the 1,038
driver's muscular effort or by spring action or by equivalent 1,039
means. Their operation may be assisted by the service brakes or 1,040
other source of power provided that failure of the service brake 1,041
actuation system or other power assisting mechanism will not 1,042
prevent the parking brakes from being applied in conformance with 1,043
the foregoing requirements. The parking brakes shall be so 1,044
designed that when once applied they shall remain applied with 1,045
the required effectiveness despite exhaustion of any source of 1,046
24
energy or leakage of any kind. 1,047
(G) The same brake drums, brake shoes and lining 1,049
assemblies, brake shoe anchors, and mechanical brake shoe 1,050
actuation mechanism normally associated with the wheel brake 1,051
assemblies may be used for both the service brakes and the 1,052
parking brakes. If the means of applying the parking brakes and 1,053
the service brakes are connected in any way, they shall be so 1,054
constructed that failure of any one part shall not leave the 1,055
vehicle without operative brakes. 1,056
(H) Every trackless trolley, motor vehicle, or combination 1,058
of motor-drawn vehicles shall be capable at all times and under 1,059
all conditions of loading of being stopped on a dry, smooth, 1,060
level road free from loose material, upon application of the 1,061
service or foot brake, within the following specified distances, 1,062
or shall be capable of being decelerated at a sustained rate 1,063
corresponding to these distances: 1,064
(1) Trackless trolleys, vehicles, or combinations of 1,066
vehicles having brakes on all wheels shall come to a stop in 1,067
thirty feet or less from a speed of twenty miles per hour. 1,068
(2) Vehicles or combinations of vehicles not having brakes 1,070
on all wheels shall come to a stop in forty feet or less from a 1,071
speed of twenty miles per hour. 1,072
(I) All brakes shall be maintained in good working order 1,074
and shall be so adjusted as to operate as equally as practicable 1,075
with respect to the wheels on opposite sides of the trackless 1,076
trolley or vehicle. 1,077
Sec. 4513.261. (A)(1) No person shall sell OPERATE any 1,087
motor vehicle nor shall any motor vehicle be registered which has 1,088
been manufactured or assembled on or after January 1, 1954, 1,089
unless such THE vehicle is equipped with electrical or mechanical 1,090
directional signals. 1,091
(2) NO PERSON SHALL OPERATE ANY MOTORCYCLE OR MOTOR-DRIVEN 1,093
CYCLE MANUFACTURED OR ASSEMBLED ON OR AFTER JANUARY 1, 1968, 1,094
UNLESS THE VEHICLE IS EQUIPPED WITH ELECTRICAL OR MECHANICAL 1,095
25
DIRECTIONAL SIGNALS.
(B) "Directional signals" means an electrical or 1,097
mechanical signal device capable of clearly indicating an 1,099
intention to turn either to the right or to the left and which 1,100
shall be visible from both the front and rear.
(C) All mechanical signal devices shall be 1,102
self-illuminating devices when in use at the times mentioned in 1,104
section 4513.03 of the Revised Code.
This section shall not apply to motorcycles or motor-driven 1,106
cycles.
Sec. 5577.11. No person shall drive or operate, or cause 1,115
to be driven or operated, any commercial car, trailer, or 1,116
semitrailer, used for the transportation of goods or property, 1,117
the gross weight of which, with load, exceeds three tons, upon 1,118
the public highways, streets, bridges, and culverts within this 1,119
state, unless such vehicle is equipped with suitable metal
protectors or substantial flexible flaps on the rearmost wheels 1,120
of such vehicle or combination of vehicles to prevent, as far as 1,121
practicable, the wheels from throwing dirt, water, or other 1,122
materials on the windshields of following vehicles. Such 1,123
protectors or flaps shall have a ground clearance of not more 1,124
than one fifth THIRD of the distance from the center of the 1,125
rearmost axle to the center of the flaps under any conditions of 1,126
loading of the vehicle, and they shall be at least as wide as the 1,127
tires they are protecting. If the vehicle is so designed and
constructed that such requirements are accomplished by means of 1,128
fenders, body construction, or other means of enclosure, then no 1,129
such protectors or flaps are required. Rear wheels not covered 1,130
at the top by fenders, bodies, or other parts of the vehicle 1,131
shall be covered at the top by protective means extending at 1,132
least to the center line of the rearmost axle.
Section 2. That existing sections 4501.27, 4503.07, 1,134
4506.01, 4506.13, 4506.16, 4507.10, 4507.11, 4511.77, 4513.071, 1,135
4513.20, 4513.261, and 5577.11 of the Revised Code are hereby 1,136
26
repealed.
Section 3. Section 4506.01 of the Revised Code is 1,138
presented in this act as a composite of the section as amended by 1,139
both Am. Sub. S.B. 66 and Am. Sub. S.B. 213 of the 122nd General 1,140
Assembly, with the new language of neither of the acts shown in 1,141
capital letters. Section 4507.10 of the Revised Code is 1,142
presented in this act as a composite of the section as amended by 1,143
Am. Sub. S.B. 35 of the 122nd General Assembly and Sub. S.B. 96 1,144
of the 120th General Assembly, with the new language of neither 1,146
of the acts shown in capital letters. This is in recognition of 1,147
the principle stated in division (B) of section 1.52 of the 1,148
Revised Code that such amendments are to be harmonized where not 1,149
substantively irreconcilable and constitutes a legislative 1,150
finding that such is the resulting version in effect prior to the 1,151
effective date of this act.