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           

                                                          2      


                                                                 
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           

                                                          3      


                                                                 
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                    

                                                          4      


                                                                 
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          

                                                          5      


                                                                 
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          

                                                          6      


                                                                 
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          

                                                          7      


                                                                 
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          

                                                          8      


                                                                 
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          

                                                          9      


                                                                 
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          

                                                          11     


                                                                 
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          

                                                          13     


                                                                 
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          

                                                          14     


                                                                 
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          

                                                          16     


                                                                 
      (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.