As Reported by House Transportation and Public Safety Committee 1
123rd General Assembly 4
Regular Session Sub. H. B. No. 600 5
1999-2000 6
REPRESENTATIVES CLANCY-KRUPINSKI-BENDER 8
_________________________________________________________________ 9
A B I L L
To amend sections 4501.01, 4501.27, 4503.07, 11
4506.01, 4506.09, 4506.13, 4506.16, 4507.10, 13
4507.11, 4511.77, 4513.071, 4513.20, 4513.261,
4513.60, and 5577.11, and to enact sections 14
4506.011 and 4507.101 of the Revised Code to 15
revise the law governing the disclosure of
personal information from records of the Bureau 16
of Motor Vehicles, to allow driver's license 17
reciprocity with foreign countries, to make 18
changes in Commercial Motor Vehicle Law and
vehicle equipment requirements, to make other 19
changes in the law governing drivers' licenses, 20
and to increase the towing and storage fees that 21
must be paid when a person claims a motor vehicle
that has been ordered into storage by the sheriff 22
of a county or chief of police of a municipal 23
corporation, township, or township police
district or removed from a private tow-away zone. 24
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 26
Section 1. That sections 4501.01, 4501.27, 4503.07, 28
4506.01, 4506.09, 4506.13, 4506.16, 4507.10, 4507.11, 4511.77, 29
4513.071, 4513.20, 4513.261, 4513.60, and 5577.11 be amended and 30
sections 4506.011 and 4507.101 of the Revised Code be enacted to 31
read as follows:
Sec. 4501.01. As used in this chapter and Chapters 4503., 41
4505., 4507., 4509., 4511., 4513., 4515., and 4517. of the 42
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Revised Code, and in the penal laws, except as otherwise 43
provided: 44
(A) "Vehicles" means everything on wheels or runners, 46
including motorized bicycles, but does not mean vehicles that are 47
operated exclusively on rails or tracks or from overhead electric 48
trolley wires and vehicles that belong to any police department, 49
municipal fire department, or volunteer fire department, or that 50
are used by such a department in the discharge of its functions. 51
(B) "Motor vehicle" means any vehicle, including mobile 54
homes and recreational vehicles, that is propelled or drawn by 56
power other than muscular power or power collected from overhead 57
electric trolley wires. "Motor vehicle" does not include 58
motorized bicycles, road rollers, traction engines, power 59
shovels, power cranes, and other equipment used in construction 60
work and not designed for or employed in general highway 61
transportation, well-drilling machinery, ditch-digging machinery, 62
farm machinery, trailers that are used to transport agricultural 63
produce or agricultural production materials between a local 64
place of storage or supply and the farm when drawn or towed on a 65
public road or highway at a speed of twenty-five miles per hour 66
or less, threshing machinery, hay-baling machinery, corn sheller, 67
hammermill and agricultural tractors, machinery used in the 68
production of horticultural, agricultural, and vegetable 69
products, and trailers that are designed and used exclusively to 70
transport a boat between a place of storage and a marina, or in 71
and around a marina, when drawn or towed on a public road or 72
highway for a distance of no more than ten miles and at a speed 73
of twenty-five miles per hour or less.
(C) "Agricultural tractor" and "traction engine" mean any 75
self-propelling vehicle that is designed or used for drawing 76
other vehicles or wheeled machinery, but has no provisions for 77
carrying loads independently of such other vehicles, and that is 78
used principally for agricultural purposes. 79
(D) "Commercial tractor," except as defined in division 81
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(C) of this section, means any motor vehicle that has motive 82
power and either is designed or used for drawing other motor 83
vehicles, or is designed or used for drawing another motor 85
vehicle while carrying a portion of the other motor vehicle or 86
its load, or both.
(E) "Passenger car" means any motor vehicle that is 88
designed and used for carrying not more than nine persons and 89
includes any motor vehicle that is designed and used for carrying 90
not more than fifteen persons in a ridesharing arrangement. 91
(F) "Collector's vehicle" means any motor vehicle or 93
agricultural tractor or traction engine that is of special 94
interest, that has a fair market value of one hundred dollars or 95
more, whether operable or not, and that is owned, operated, 96
collected, preserved, restored, maintained, or used essentially 97
as a collector's item, leisure pursuit, or investment, but not as 98
the owner's principal means of transportation. "Licensed 99
collector's vehicle" means a collector's vehicle, other than an 100
agricultural tractor or traction engine, that displays current, 101
valid license tags issued under section 4503.45 of the Revised 102
Code, or a similar type of motor vehicle that displays current, 103
valid license tags issued under substantially equivalent 104
provisions in the laws of other states. 105
(G) "Historical motor vehicle" means any motor vehicle 107
that is over twenty-five years old and is owned solely as a 108
collector's item and for participation in club activities, 109
exhibitions, tours, parades, and similar uses, but that in no 110
event is used for general transportation. 111
(H) "Noncommercial motor vehicle" means any motor vehicle, 113
including a farm truck as defined in section 4503.04 of the 114
Revised Code, that is designed by the manufacturer to carry a 115
load of no more than one ton and is used exclusively for purposes 116
other than engaging in business for profit. 117
(I) "Bus" means any motor vehicle that has motor power and 120
is designed and used for carrying more than nine passengers,
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except any motor vehicle that is designed and used for carrying 121
not more than fifteen passengers in a ridesharing arrangement. 122
(J) "Commercial car" OR "TRUCK" means any motor vehicle 124
that has motor power and is designed and used for carrying 126
merchandise or freight, or that is used as a commercial tractor. 127
(K) "Bicycle" means every device, other than a tricycle 129
that is designed solely for use as a play vehicle by a child, 131
that is propelled solely by human power upon which any person may 132
ride, and that has either two tandem wheels, or one wheel in 133
front and two wheels in the rear, any of which is more than 134
fourteen inches in diameter.
(L) "Motorized bicycle" means any vehicle that either has 136
two tandem wheels or one wheel in the front and two wheels in the 138
rear, that is capable of being pedaled, and that is equipped with
a helper motor of not more than fifty cubic centimeters piston 139
displacement that produces no more than one brake horsepower and 140
is capable of propelling the vehicle at a speed of no greater 141
than twenty miles per hour on a level surface. 142
(M) "Trailer" means any vehicle without motive power that 145
is designed or used for carrying property or persons wholly on
its own structure and for being drawn by a motor vehicle, and 146
includes any such vehicle that is formed by or operated as a 147
combination of a semitrailer and a vehicle of the dolly type such 148
as that commonly known as a trailer dolly, a vehicle used to 149
transport agricultural produce or agricultural production 150
materials between a local place of storage or supply and the farm 151
when drawn or towed on a public road or highway at a speed 152
greater than twenty-five miles per hour, and a vehicle that is 153
designed and used exclusively to transport a boat between a place 154
of storage and a marina, or in and around a marina, when drawn or 155
towed on a public road or highway for a distance of more than ten 156
miles or at a speed of more than twenty-five miles per hour. 157
"Trailer" does not include a manufactured home or travel trailer. 158
(N) "Noncommercial trailer" means any trailer, except a 160
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travel trailer or trailer that is used to transport a boat as 161
described in division (B) of this section, but, where applicable, 162
includes a vehicle that is used to transport a boat as described 163
in division (M) of this section, that has a gross weight of no 164
more than three thousand pounds, and that is used exclusively for 165
purposes other than engaging in business for a profit. 166
(O) "Mobile home" means a building unit or assembly of 169
closed construction that is fabricated in an off-site facility, 170
is more than thirty-five body feet in length or, when erected on 171
site, is three hundred twenty or more square feet, is built on a 172
permanent chassis, is transportable in one or more sections, and 174
does not qualify as a manufactured home as defined in division 175
(C)(4) of section 3781.06 of the Revised Code or as an 176
industrialized unit as defined in division (C)(3) of section 177
3781.06 of the Revised Code.
(P) "Semitrailer" means any vehicle of the trailer type 179
that does not have motive power and is so designed or used with 180
another and separate motor vehicle that in operation a part of 181
its own weight or that of its load, or both, rests upon and is 182
carried by the other vehicle furnishing the motive power for 183
propelling itself and the vehicle referred to in this division, 184
and includes, for the purpose only of registration and taxation 185
under those chapters, any vehicle of the dolly type, such as a 186
trailer dolly, that is designed or used for the conversion of a 187
semitrailer into a trailer. 188
(Q) "Recreational vehicle" means a vehicular portable 190
structure that MEETS ALL OF THE FOLLOWING CONDITIONS: 191
(1) IT is designed and constructed to be used as a 193
temporary dwelling for THE SOLE PURPOSE OF RECREATIONAL travel, 194
recreational, and vacation uses and. 195
(2) IT IS NOT USED FOR THE PURPOSE OF ENGAGING IN BUSINESS 197
FOR PROFIT.
(3) IT IS NOT USED FOR THE PURPOSE OF ENGAGING IN 199
INTRASTATE COMMERCE.
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(4) IT IS NOT USED FOR THE PURPOSE OF COMMERCE AS DEFINED 201
IN 49 C.F.R. 383.5, AS AMENDED. 202
(5) IT IS NOT REGULATED BY THE PUBLIC UTILITIES COMMISSION 204
PURSUANT TO CHAPTER 4919., 4921., OR 4923. OF THE REVISED CODE. 205
(6) IT is classed as follows ONE OF THE FOLLOWING: 207
(1)(a) "Travel trailer" means a nonself-propelled 209
recreational vehicle that does not exceed an overall length of 210
thirty-five feet, exclusive of bumper and tongue or coupling, and 211
contains less than three hundred twenty square feet of space when 212
erected on site. "Travel trailer" includes a tent-type fold-out 214
camping trailer as defined in section 4517.01 of the Revised 215
Code.
(2)(b) "Motor home" means a self-propelled recreational 217
vehicle that HAS NO FIFTH WHEEL AND is constructed with 218
permanently installed facilities for cold storage, cooking and 220
consuming of food, and for sleeping.
(3)(c) "Truck camper" means a nonself-propelled 222
recreational vehicle that does not have wheels for road use and 223
is designed to be placed upon and attached to a motor vehicle. 224
"Truck camper" does not include truck covers that consist of 225
walls and a roof, but do not have floors and facilities enabling 226
them to be used as a dwelling.
(4)(d) "Fifth wheel trailer" means a vehicle that is of 228
such size and weight as to be movable without a special highway 230
permit, that has a gross trailer area of four hundred square feet 231
or less, that is constructed with a raised forward section that 232
allows a bi-level floor plan, and that is designed to be towed by
a vehicle equipped with a fifth-wheel hitch ordinarily installed 233
in the bed of a truck. 234
(5)(e) "Park trailer" means a vehicle that is commonly 236
known as a park model recreational vehicle, meets the American 238
national standard institute standard A119.5 (1988) for park 239
trailers, is built on a single chassis, has a gross trailer area 240
of four hundred square feet or less when set up, is designed for
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seasonal or temporary living quarters, and may be connected to 241
utilities necessary for the operation of installed features and 242
appliances.
(R) "Pneumatic tires" means tires of rubber and fabric or 244
tires of similar material, that are inflated with air. 245
(S) "Solid tires" means tires of rubber or similar elastic 247
material that are not dependent upon confined air for support of 248
the load.
(T) "Solid tire vehicle" means any vehicle that is 250
equipped with two or more solid tires. 251
(U) "Farm machinery" means all machines and tools that are 253
used in the production, harvesting, and care of farm products, 254
and includes trailers that are used to transport agricultural 255
produce or agricultural production materials between a local 256
place of storage or supply and the farm when drawn or towed on a 257
public road or highway at a speed of twenty-five miles per hour 258
or less.
(V) "Owner" includes any person, firm, or corporation 260
other than a manufacturer or dealer that has title to a motor 261
vehicle, except that in sections 4505.01 to 4505.19 of the 262
Revised Code, "owner" includes in addition manufacturers and 263
dealers.
(W) "Manufacturer" and "dealer" include all persons, 265
firms, and corporations that are regularly engaged in the 266
business of manufacturing, selling, displaying, offering for 267
sale, or dealing in motor vehicles, at an established place of 268
business that is used exclusively for the purpose of 269
manufacturing, selling, displaying, offering for sale, or dealing 270
in motor vehicles. A place of business that is used for 271
manufacturing, selling, displaying, offering for sale, or dealing 272
in motor vehicles shall be deemed to be used exclusively for 273
those purposes even though snowmobiles or all-purpose vehicles 274
are sold or displayed for sale thereat, even though farm 275
machinery is sold or displayed for sale thereat, or even though 276
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repair, accessory, gasoline and oil, storage, parts, service, or 277
paint departments are maintained thereat, or, in any county 278
having a population of less than seventy-five thousand persons at 279
the last federal census, even though a department in a place of 280
business is used to dismantle, salvage, or rebuild motor vehicles 281
by means of used parts, if such departments are operated for the 282
purpose of furthering and assisting in the business of 283
manufacturing, selling, displaying, offering for sale, or dealing 284
in motor vehicles. Places of business or departments in a place 285
of business used to dismantle, salvage, or rebuild motor vehicles 286
by means of using used parts are not considered as being 287
maintained for the purpose of assisting or furthering the 288
manufacturing, selling, displaying, and offering for sale or 289
dealing in motor vehicles.
(X) "Operator" includes any person who drives or operates 291
a motor vehicle upon the public highways. 292
(Y) "Chauffeur" means any operator who operates a motor 294
vehicle, other than a taxicab, as an employee for hire; or any 295
operator whether or not the owner of a motor vehicle, other than 296
a taxicab, who operates such vehicle for transporting, for gain, 297
compensation, or profit, either persons or property owned by 298
another. Any operator of a motor vehicle who is voluntarily 299
involved in a ridesharing arrangement is not considered an 300
employee for hire or operating such vehicle for gain, 301
compensation, or profit.
(Z) "State" includes the territories and federal districts 303
of the United States, and the provinces of Canada. 304
(AA) "Public roads and highways" for vehicles includes all 306
public thoroughfares, bridges, and culverts. 307
(BB) "Manufacturer's number" means the manufacturer's 309
original serial number that is affixed to or imprinted upon the 310
chassis or other part of the motor vehicle. 311
(CC) "Motor number" means the manufacturer's original 313
number that is affixed to or imprinted upon the engine or motor 314
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of the vehicle. 315
(DD) "Distributor" means any person who is authorized by 317
a motor vehicle manufacturer to distribute new motor vehicles to 318
licensed motor vehicle dealers at an established place of 319
business that is used exclusively for the purpose of distributing 320
new motor vehicles to licensed motor vehicle dealers, except when 321
the distributor also is a new motor vehicle dealer, in which case 322
the distributor may distribute at the location of the 323
distributor's licensed dealership. 324
(EE) "Ridesharing arrangement" means the transportation of 326
persons in a motor vehicle where the transportation is incidental 328
to another purpose of a volunteer driver and includes ridesharing 329
arrangements known as carpools, vanpools, and buspools. 330
(FF) "Apportionable vehicle" means any vehicle that is 332
used or intended for use in two or more international 333
registration plan member jurisdictions that allocate or 334
proportionally register vehicles, that is used for the 335
transportation of persons for hire or designed, used, or 336
maintained primarily for the transportation of property, and that 337
meets any of the following qualifications:
(1) Is a power unit having a gross vehicle weight in 339
excess of twenty-six thousand pounds; 340
(2) Is a power unit having three or more axles, regardless 342
of the gross vehicle weight; 343
(3) Is a combination vehicle with a gross vehicle weight 345
in excess of twenty-six thousand pounds. 346
"Apportionable vehicle" does not include recreational 348
vehicles, vehicles displaying restricted plates, city pick-up and 349
delivery vehicles, buses used for the transportation of chartered 350
parties, or vehicles owned and operated by the United States, 351
this state, or any political subdivisions thereof. 352
(GG) "Chartered party" means a group of persons who 354
contract as a group to acquire the exclusive use of a 355
passenger-carrying motor vehicle at a fixed charge for the 356
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vehicle in accordance with the carrier's tariff, lawfully on file 357
with the United States department of transportation, for the 359
purpose of group travel to a specified destination or for a 360
particular itinerary, either agreed upon in advance or modified 361
by the chartered group after having left the place of origin. 362
(HH) "International registration plan" means a reciprocal 364
agreement of member jurisdictions that is endorsed by the 365
American association of motor vehicle administrators, and that 366
promotes and encourages the fullest possible use of the highway 367
system by authorizing apportioned registration of fleets of 368
vehicles and recognizing registration of vehicles apportioned in 369
member jurisdictions. 370
(II) "Restricted plate" means a license plate that has a 372
restriction of time, geographic area, mileage, or commodity, and 373
includes license plates issued to farm trucks under division (K) 374
of section 4503.04 of the Revised Code. 375
(JJ) "Gross vehicle weight," with regard to any commercial 377
car, trailer, semitrailer, or bus that is taxed at the rates 378
established under section 4503.042 of the Revised Code, means the 379
unladen weight of the vehicle fully equipped plus the maximum 380
weight of the load to be carried on the vehicle. 381
(KK) "Combined gross vehicle weight" with regard to any 383
combination of a commercial car, trailer, and semitrailer, that 384
is taxed at the rates established under section 4503.042 of the 385
Revised Code, means the total unladen weight of the combination 386
of vehicles fully equipped plus the maximum weight of the load to 387
be carried on that combination of vehicles. 388
(LL) "Chauffeured limousine" means a motor vehicle that is 391
designed to carry nine or fewer passengers and is operated for 392
hire on an hourly basis pursuant to a prearranged contract for 393
the transportation of passengers on public roads and highways 394
along a route under the control of the person hiring the vehicle 395
and not over a defined and regular route. "Prearranged contract" 396
means an agreement, made in advance of boarding, to provide 397
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transportation from a specific location in a chauffeured 398
limousine at a fixed rate per hour or trip. "Chauffeured 399
limousine" does not include any vehicle that is used exclusively 400
in the business of funeral directing. 401
(NN)(MM) "Manufactured home" has the same meaning as in 404
division (C)(4) of section 3781.06 of the Revised Code. 405
(OO)(NN) "Acquired situs," with respect to a manufactured 408
home or a mobile home, means to become located in this state 409
pursuant to the issuance of a certificate of title for the home 410
and the placement of the home on real property, but does not 411
include the placement of a manufactured home or a mobile home in 412
the inventory of a new motor vehicle dealer or the inventory of a 413
manufacturer, remanufacturer, or distributor of manufactured or 414
mobile homes. 415
Sec. 4501.27. (A) Except as provided in division (B) of 425
this section, on and after September 13, 1997, the registrar of 426
motor vehicles, and any employee or contractor of the bureau of 427
motor vehicles, shall not knowingly disclose or otherwise make 428
available to any person or entity any personal information about 429
an individual that the bureau obtained in connection with a motor 430
vehicle record.
(B)(1) On and after September 13, 1997, the registrar, or 433
an employee or contractor of the bureau of motor vehicles, shall 434
disclose personal information, OTHER THAN SENSITIVE PERSONAL 435
INFORMATION, about an individual that the bureau obtained in 436
connection with a motor vehicle record, for use in connection 437
with any of the following matters to carry out the purposes of 438
any specified federal automobile-related act: 439
(a) Motor vehicle or driver safety and theft; 441
(b) Motor vehicle emissions; 443
(c) Motor vehicle product alterations, recalls, or 445
advisories; 446
(d) Performance monitoring of motor vehicles and dealers 449
by motor vehicle manufacturers;
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(e) Removal of non-owner records from the original owner 452
records of motor vehicle manufacturers.
(2) In addition to the disclosure required under division 454
(B)(1) of this section, on and after September 13, 1997, the 456
registrar, or an employee or contractor of the bureau of motor 457
vehicles, may disclose personal information, OTHER THAN SENSITIVE 458
PERSONAL INFORMATION, about an individual that the bureau 459
obtained in connection with a motor vehicle record, as follows: 460
(a) For the use of a government agency, including, but not 463
limited to, a court or law enforcement agency, in carrying out
its functions, or for the use of a private person or entity 464
acting on behalf of an agency of this state, another state, the 465
United States, or a political subdivision of this state or 467
another state in carrying out its functions;
(b) For use in connection with matters regarding motor 470
vehicle or driver safety and theft; motor vehicle emissions;
motor vehicle product alterations, recalls, or advisories; 471
performance monitoring of motor vehicles, motor vehicle parts, 472
and dealers; motor vehicle market research activities, including, 474
but not limited to, survey research; and removal of non-owner 475
records from the original owner records of motor vehicle
manufacturers; 476
(c) For use in the normal course of business by a 478
legitimate business or an agent, employee, or contractor of a 479
legitimate business, but only for one of the following purposes: 480
(i) To verify the accuracy of personal information 482
submitted to the business, agent, employee, or contractor by an 483
individual;
(ii) If personal information submitted to the business, 486
agent, employee, or contractor by an individual is incorrect or
no longer is correct, to obtain the correct information, but only 487
for the purpose of preventing fraud, by pursuing legal remedies 488
against, or recovering on a debt or security interest against, 489
the individual.
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(d) For use in connection with a civil, criminal, 491
administrative, or arbitral proceeding in a court or agency of 492
this state, another state, the United States, or a political 493
subdivision of this state or another state or before a 494
self-regulatory body, including, but not limited to, use in 495
connection with the service of process, investigation in
anticipation of litigation, or the execution or enforcement of a 496
judgment or order; 497
(e) Pursuant to an order of a court of this state, another 500
state, the United States, or a political subdivision of this
state or another state; 501
(f) For use in research activities or in producing 503
statistical reports, provided the personal information is not 504
published, redisclosed, or used to contact an individual; 505
(g) For use by an insurer, insurance support organization, 508
or self-insured entity, or by an agent, employee, or contractor
of that type of entity, in connection with any claims 509
investigation activity, anti-fraud activity, rating, or 510
underwriting;
(h) For use in providing notice to the owner of a towed, 513
impounded, immobilized, or forfeited vehicle;
(i) For use by any licensed private investigative agency 516
or licensed security service for any purpose permitted under
division (B)(2) of this section; 517
(j) For use by an employer or by the agent or insurer of 520
an employer to obtain or verify information relating to the
holder of a commercial driver's license or permit that is 521
required under the "Commercial Motor Vehicle Safety Act of 1986," 522
100 Stat. 3207-170, 49 U.S.C. 2701, et seq., as now or hereafter 523
amended;
(k) For use in connection with the operation of a private 526
toll transportation facility;
(l) For any use not otherwise identified in division 528
(B)(2) of this section that is in response to a request for 530
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individual motor vehicle records, if the bureau of motor vehicles 531
has provided both of the following in a clear and conspicuous 532
manner on forms for the issuance or renewal of driver's or 533
commercial driver's licenses, motor vehicle certificates of 534
title, motor vehicle registrations and identification license 535
plates, and identification cards:
(i) Notice that personal information collected by the 538
bureau on or in relation to the forms may be disclosed to any
person;
(ii) An opportunity for an individual who WHOSE PERSONAL 540
INFORMATION IS REQUESTED completes and submits any of the forms 542
TO THE REGISTRAR OR DEPUTY REGISTRAR A FORM PRESCRIBED BY THE 543
REGISTRAR BY RULE GIVING EXPRESS CONSENT to prohibit SUCH 544
disclosures.
(m) For bulk distribution for surveys, marketing, or 546
solicitations, if the bureau of motor vehicles has implemented 547
methods and procedures to ensure all of the following: 548
(i) That individuals are provided, in a clear and 550
conspicuous manner, an opportunity to prohibit uses of this 552
nature and, when a transaction is performed in person, the 553
individual is given verbal notice that personal information 554
collected by the bureau on or in relation to the forms for the 555
issuance or renewal of a driver's or commercial driver's license, 556
a motor vehicle certificate of title, a motor vehicle
registration and license plates, and an identification card may 557
be disclosed for uses of this nature; 558
(ii) The information will be used, rented, or sold solely 560
for bulk distribution for surveys, marketing, or solicitations, 561
and that those surveys, marketing, and solicitations will not be 562
directed at an individual who has requested in a timely fashion 563
that the surveys, marketing, and solicitations not be directed at 564
that individual WHOSE PERSONAL INFORMATION IS REQUESTED COMPLETES 565
AND SUBMITS TO THE REGISTRAR OR A DEPUTY REGISTRAR A FORM 566
PRESCRIBED BY THE REGISTRAR BY RULE GIVING EXPRESS CONSENT TO
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SUCH DISCLOSURES. 567
(n) For use by a person, state, or state agency that 569
requests the information, if the person, state, or state agency 570
demonstrates that it has obtained the written consent of the 571
individual to whom the information pertains; 572
(o) For any other use specifically authorized by law that 575
is related to the operation of a motor vehicle or to public
safety.
(3)(a) EXCEPT AS PROVIDED IN DIVISION (B)(3)(b) OF THIS 578
SECTION, THE REGISTRAR, OR AN EMPLOYEE OR CONTRACTOR OF THE 580
BUREAU OF MOTOR VEHICLES, MAY DISCLOSE SENSITIVE PERSONAL 581
INFORMATION ABOUT AN INDIVIDUAL THAT THE BUREAU OBTAINED IN 582
CONNECTION WITH A MOTOR VEHICLE RECORD, ONLY IF EITHER OF THE 583
FOLLOWING CONDITIONS ARE SATISFIED:
(i) THE INDIVIDUAL WHOSE PERSONAL INFORMATION IS REQUESTED 585
COMPLETES AND SUBMITS TO THE REGISTRAR OR DEPUTY REGISTRAR A FORM 586
PRESCRIBED BY THE REGISTRAR BY RULE GIVING EXPRESS CONSENT TO 587
SUCH DISCLOSURE; 588
(ii) THE DISCLOSURE IS FOR ONE OR MORE OF THE PURPOSES 590
DESCRIBED IN DIVISION (B)(2)(a), (d), (g), OR (j) OF THIS 592
SECTION.
(b) DIVISION (B)(3)(a) OF THIS SECTION DOES NOT APPLY TO 595
THE DISCLOSURE OF SENSITIVE PERSONAL INFORMATION THAT IS SUBJECT 596
TO SECTION 4501.15 OR 4507.53 OF THE REVISED CODE. 597
(C) On and after September 13, 1997, an authorized 599
recipient of personal information about an individual that the 600
bureau of motor vehicles obtained in connection with a motor 601
vehicle record, other than a recipient under division (B)(2)(l) 602
or (m) of this section, may resell or redisclose the personal 604
information only for a use permitted under division (B)(1), 605
(B)(2)(a) to (k), (B)(2)(n), or (B)(2)(o) of this section. On 606
and after September 13, 1997, an authorized recipient of personal 607
information about an individual under division (B)(2)(l) of this 609
section may resell or redisclose the information for any purpose. 610
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On and after September 13, 1997, an authorized recipient of 611
personal information under division (B)(2)(m) of this section may 614
resell or redisclose the information as specified pursuant to
that division. On and after September 13, 1997, an authorized 616
recipient of personal information about an individual under
division (B) of this section, other than a recipient under 619
division (B)(2)(l) of this section, that resells or rediscloses 620
any personal information covered by this section must keep for a 621
period of five years a record that identifies each person or 622
entity that receives any of the personal information and the
permitted purpose for which the information is to be used, and 623
must make all such records available to the registrar of motor 624
vehicles upon the registrar's request. 625
(D) The registrar may establish and carry out procedures 628
under which the registrar or the registrar's agents, upon receipt 630
of a request for personal information on or after September 13, 631
1997, that does not satisfy any of the criteria for disclosure of 632
the information that are set forth in division (B)(1) or (2) of 633
this section, may notify the individual about whom the 634
information was requested, by regular mail, that the request was 635
made. Any procedures so adopted shall provide that, if the 637
registrar or an agent of the registrar mails the notice to the
individual, the registrar or agent shall include with the notice 638
a copy of the request and conspicuously shall include in the 639
notice a statement that the information will not be released 640
unless the individual waives the individual's right to privacy 641
regarding the information that is granted under this section.
(E) The registrar of motor vehicles may adopt any forms 644
and rules, consistent with but no more restrictive than the
requirements of Public Law No. 130-322, Title XXX, 18 U.S.C. 649
2721-2725, that are necessary to carry out the registrar's duties 650
under this section on and after September 13, 1997. 651
(F) Divisions (A) to (E) of this section do not apply to 654
the release of any personal information prior to September 13, 655
17
1997.
(G) As used in this section: 657
(1) "Motor vehicle record" means a record that pertains to 659
a motor vehicle driver's or commercial driver's license or 660
permit, a motor vehicle certificate of title, a motor vehicle 661
registration or motor vehicle identification license plates, or 662
an identification card issued by the bureau of motor vehicles. 663
(2) "Person" has the same meaning as in section 1.59 of 665
the Revised Code and does not include this state, another state, 667
or an agency of this state or another state. 668
(3) "Personal information" means information that 670
identifies an individual, including, but not limited to, an 671
individual's photograph or digital image, social security number, 673
driver or driver's license identification number, name, telephone 674
number, or medical or disability information, or an individual's
address other than the five-digit zip code number. "Personal 676
information" does not include information pertaining to a
vehicular accident, driving or traffic violation, or driver's 677
status.
(4) "Specified federal automobile-related act" means the 680
"automobile information disclosure act," 72 Stat. 325, 15 U.S.C. 685
1231-1233, the "Motor Vehicle Information and Cost Saving Act," 690
86 Stat. 947, 15 U.S.C. 1901, et seq., the "National Traffic and 694
Motor Vehicle Safety Act of 1966," 80 Stat. 718, 15 U.S.C. 1381, 699
et seq., the "Anti-car Theft Act of 1992," 106 Stat. 3384, 15 702
U.S.C. 2021, et seq., and the "Clean Air Act," 69 Stat. 322, 42 706
U.S.C. 7401, et seq., all as now or hereafter amended. 707
(5) "SENSITIVE PERSONAL INFORMATION" MEANS AN INDIVIDUAL'S 709
PHOTOGRAPH OR DIGITAL IMAGE, SOCIAL SECURITY NUMBER, OR MEDICAL 710
OR DISABILITY INFORMATION. 711
Sec. 4503.07. In lieu of the schedule of rates for 720
commercial cars fixed in section 4503.04 of the Revised Code, the 721
fee shall be ten dollars for each church bus used exclusively to 722
transport members of a church congregation to and from church 723
18
services or church functions or to transport children and their 724
authorized supervisors to and from any camping function sponsored 725
by a nonprofit, tax-exempt, charitable or philanthropic 726
organization. A church within the meaning of this section is an 727
organized religious group, duly constituted with officers and a 728
board of trustees, regularly holding religious services, and 729
presided over or administered to by a properly accredited
ecclesiastical officer, whose name and standing is published in 730
the official publication of the officer's religious group. 731
The application for registration of such bus shall be 733
accompanied by both of the following, AS APPLICABLE: 734
(A) An affidavit, prescribed by the registrar of motor 736
vehicles and signed by either the senior pastor, minister, 737
priest, or rabbi of the church making application or by the head 738
of the governing body of the church making application, stating 739
that the bus is to be used exclusively to transport members of a 740
church congregation to and from church services or church 742
functions or to transport children and their authorized 743
supervisors to and from any camping function sponsored by a 744
nonprofit, tax-exempt, charitable, or philanthropic organization; 745
(B) A certificate from the state highway patrol stating 747
that the bus involved is safe for operation in accordance with 748
such standards as are prescribed by the state highway patrol IF 750
THE BUS MEETS EITHER OF THE FOLLOWING:
(1) IT ORIGINALLY WAS DESIGNED BY THE MANUFACTURER TO 752
TRANSPORT SIXTEEN OR MORE PASSENGERS, INCLUDING THE DRIVER; 753
(2) IT HAS A GROSS VEHICLE WEIGHT RATING OF TEN THOUSAND 755
ONE POUNDS OR MORE. 756
The form of the license plate and the manner of its 758
attachment to the vehicle shall be prescribed by the registrar. 759
Sec. 4506.01. As used in this chapter: 770
(A) "Alcohol concentration" means the concentration of 772
alcohol in a person's blood, breath, or urine. When expressed as 773
a percentage, it means grams of alcohol per the following: 774
19
(1) One hundred milliliters of blood; 776
(2) Two hundred ten liters of breath; 778
(3) One hundred milliliters of urine. 780
(B) "School bus" has the same meaning as in section 782
4511.01 of the Revised Code. 783
(C) "Commercial driver's license" means a license issued 785
in accordance with this chapter that authorizes an individual to 786
drive a commercial motor vehicle. 787
(D) "Commercial driver license information system" means 789
the information system established pursuant to the requirements 790
of the "Commercial Motor Vehicle Safety Act of 1986," 100 Stat. 791
3207-171, 49 U.S.C.A. App. 2701. 792
(E) Except when used in section 4506.25 of the Revised 794
Code, "commercial motor vehicle" means any motor vehicle designed 797
or used to transport persons or property that meets any of the 798
following qualifications:
(1) Any combination of vehicles with a combined gross 800
vehicle weight rating of twenty-six thousand one pounds or more, 801
provided the gross vehicle weight rating of the vehicle or 802
vehicles being towed is in excess of ten thousand pounds; 803
(2) Any single vehicle with a gross vehicle weight rating 805
of twenty-six thousand one pounds or more, or any such vehicle 806
towing a vehicle having a gross vehicle weight rating that is not 807
in excess of ten thousand pounds; 808
(3) Any single vehicle or combination of vehicles that is 810
not a class A or class B vehicle, but that either is designed to 811
transport sixteen or more passengers including the driver, or is 812
placarded for hazardous materials; 813
(4) Any school bus with a gross vehicle weight rating of 816
less than twenty-six thousand one pounds that is designed to 817
transport fewer than sixteen passengers including the driver; 818
(5) Is transporting hazardous materials for which 820
placarding is required by regulations adopted under the 821
"Hazardous Materials Transportation Act," 88 Stat. 2156 (1975), 822
20
49 U.S.C.A. 1801, as amended; 823
(6) Any single vehicle or combination of vehicles that is 825
designed to be operated and to travel on a public street or 826
highway and is considered by the federal highway administration 827
to be a commercial motor vehicle, including, but not limited to, 828
a motorized crane, a vehicle whose function is to pump cement, a 829
rig for drilling wells, and a portable crane.
(F) "Controlled substance" means all of the following: 831
(1) Any substance classified as a controlled substance 833
under the "Controlled Substances Act," 80 Stat. 1242 (1970), 21 834
U.S.C.A. 802(6), as amended; 835
(2) Any substance included in schedules I through V of 21 837
C.F.R. part 1308, as amended; 838
(3) Any drug of abuse. 840
(G) "Conviction" means an unvacated adjudication of guilt 842
or a determination that a person has violated or failed to comply 843
with the law EITHER in a court of original jurisdiction, OR BY AN 845
AUTHORIZED ADMINISTRATIVE AGENCY OR OFFICER, an unvacated
forfeiture of bail or collateral deposited to secure the person's 846
appearance in court, the payment of a fine or court cost, or 847
violation of a condition of release without bail, regardless of 848
whether or not the penalty is rebated, suspended, or probated. 849
(H) "Disqualification" means withdrawal of the privilege 851
to drive a commercial motor vehicle. 852
(I) "Drive" means to drive, operate, or be in physical 854
control of a motor vehicle. 855
(J) "Driver" means any person who drives, operates, or is 857
in physical control of a commercial motor vehicle or is required 858
to have a commercial driver's license. 859
(K) "Driver's license" means a license issued by the 861
bureau of motor vehicles that authorizes an individual to drive. 862
(L) "Drug of abuse" means any controlled substance, 864
dangerous drug as defined in section 4729.01 of the Revised Code, 865
or over-the-counter medication that, when taken in quantities 866
21
exceeding the recommended dosage, can result in impairment of 867
judgment or reflexes. 868
(M) "Employer" means any person, including the federal 870
government, any state, and a political subdivision of any state, 871
that owns or leases a commercial motor vehicle or assigns a 872
person to drive such a motor vehicle. 873
(N) "Endorsement" means an authorization on a person's 875
commercial driver's license that is required to permit the person 876
to operate a specified type of commercial motor vehicle. 877
(O) "Felony" means any offense under federal or state law 879
that is punishable by death or specifically classified as a 880
felony under the law of this state, regardless of the penalty 881
that may be imposed. 882
(P) "Foreign jurisdiction" means any jurisdiction other 884
than a state. 885
(Q) "Gross vehicle weight rating" means the value 887
specified by the manufacturer as the maximum loaded weight of a 888
single or a combination vehicle. The gross vehicle weight rating 889
of a combination vehicle is the gross vehicle weight rating of 890
the power unit plus the gross vehicle weight rating of each towed 891
unit. 892
(R) "Hazardous materials" means materials identified as 894
such under regulations adopted under the "Hazardous Materials 895
Transportation Act," 88 Stat. 2156 (1975), 49 U.S.C.A. 1801, as 896
amended. 897
(S) "Motor vehicle" has the same meaning as in section 899
4511.01 of the Revised Code. 900
(T) Except when used in sections 4506.25 and 4506.26 of 902
the Revised Code, "out-of-service order" means a temporary 903
prohibition against driving a commercial motor vehicle issued 904
under this chapter or a similar law of another state or of a 905
foreign jurisdiction. 906
(U) "Residence" means any person's residence determined in 908
accordance with standards prescribed in rules adopted by the 910
22
registrar.
(V) "Temporary residence" means residence on a temporary 912
basis as determined by the registrar in accordance with standards 913
prescribed in rules adopted by the registrar. 914
(W) "Serious traffic violation" means a conviction arising 916
from the operation of a commercial motor vehicle that involves 917
any of the following: 918
(1) A single charge of any speed that is in excess of the 920
posted speed limit by an amount specified by the United States 921
secretary of transportation and that the director of public 922
safety designates as such by rule; 923
(2) Violation of section 4511.20, 4511.201, or 4511.202 of 925
the Revised Code or any similar ordinance or resolution, or of 926
any similar law of another state or political subdivision of 927
another state; 928
(3) Violation of a law of this state or an ordinance or 930
resolution relating to traffic control, other than a parking 931
violation, or of any similar law of another state or political 932
subdivision of another state, that results in a fatal accident; 933
(4) Violation of any other law of this state or an 935
ordinance or resolution relating to traffic control, other than a 936
parking violation, that is determined to be a serious traffic 937
violation by the United States secretary of transportation and 938
the director designates as such by rule. 939
(X) "State" means a state of the United States and 941
includes the District of Columbia. 942
(Y) "Tank vehicle" means any commercial motor vehicle that 944
is designed to transport any liquid AND HAS A MAXIMUM CAPACITY 945
GREATER THAN ONE HUNDRED NINETEEN GALLONS or IS DESIGNED TO 946
TRANSPORT gaseous materials AND HAS A WATER CAPACITY GREATER THAN 947
ONE THOUSAND POUNDS within a tank that is either permanently or 949
temporarily attached to the vehicle or its chassis, but. "TANK 950
VEHICLE" does not include any EITHER OF THE FOLLOWING: 951
(1) ANY portable tank having a rated capacity of less than 954
23
one thousand gallons;
(2) TANKS USED EXCLUSIVELY AS A FUEL TANK FOR THE MOTOR 956
VEHICLE TO WHICH IT IS ATTACHED. 957
(Z) "United States" means the fifty states and the 959
District of Columbia. 960
(AA) "Vehicle" has the same meaning as in section 4511.01 962
of the Revised Code. 963
(BB) "Peace officer" has the same meaning as in section 965
2935.01 of the Revised Code. 966
(CC) "PORTABLE TANK" MEANS A LIQUID OR GASEOUS PACKAGING 968
DESIGNED PRIMARILY TO BE LOADED ON OR TEMPORARILY ATTACHED TO A 969
VEHICLE AND EQUIPPED WITH SKIDS, MOUNTINGS, OR ACCESSORIES TO 970
FACILITATE HANDLING OF THE TANK BY MECHANICAL MEANS. 971
Sec. 4506.011. FOR PURPOSES OF THIS CHAPTER, THE ACTUAL 973
GROSS WEIGHT OF A VEHICLE OR COMBINATION OF VEHICLES MAY BE USED 974
IN LIEU OF A GROSS VEHICLE WEIGHT RATING TO DETERMINE WHETHER A 975
VEHICLE OR COMBINATION OF VEHICLES QUALIFIES AS A COMMERCIAL 976
MOTOR VEHICLE IF THE GROSS VEHICLE WEIGHT RATING SPECIFIED BY THE 977
MANUFACTURER FOR THE VEHICLE OR COMBINATION OF VEHICLES IS NOT 978
DETERMINABLE, OR IF THE MANUFACTURER OF THE VEHICLE HAS NOT 979
SPECIFIED A GROSS VEHICLE WEIGHT RATING. 980
Sec. 4506.09. (A) The registrar of motor vehicles, 989
subject to approval by the director of public safety, shall adopt 990
rules conforming with applicable standards adopted by the federal 991
highway administration as regulations under the "Commercial Motor 992
Vehicle Safety Act of 1986," 100 Stat. 3207-171, 49 U.S.C.A. App. 993
2701. The rules shall establish requirements for the 994
qualification and testing of persons applying for a commercial 995
driver's license, which shall be in addition to other 996
requirements established by this chapter. Except as provided in 997
division (B) of this section, the highway patrol OR ANY OTHER 998
EMPLOYEE OF THE DEPARTMENT OF PUBLIC SAFETY THE REGISTRAR 999
AUTHORIZES shall supervise and conduct the testing of persons 1,000
applying for a commercial driver's license. 1,001
24
(B) The director may adopt rules, in accordance with 1,003
Chapter 119. of the Revised Code and applicable requirements of 1,004
the federal highway administration, authorizing the skills test 1,005
specified in this section to be administered by any person, by an 1,006
agency of this or another state, or by an agency, department, or 1,007
instrumentality of local government and establishing a maximum 1,008
fee that may be charged by the other party, provided the skills 1,009
test is the same that otherwise would be administered by this 1,010
state and that the other party has entered into an agreement with 1,011
the director that includes, without limitation, all of the 1,012
following: 1,013
(1) Allows the director or his THE DIRECTOR'S 1,015
representative and the federal highway administration or its 1,017
representative to conduct random examinations, inspections, and 1,018
audits of the other party without prior notice; 1,019
(2) Requires the director or his THE DIRECTOR'S 1,021
representative to conduct on-site inspections of the other party 1,023
at least annually;
(3) Requires that all examiners of the other party meet 1,025
the same qualification and training standards as examiners of the 1,026
department of public safety, to the extent necessary to conduct 1,027
skills tests in the manner required by 49 C.F.R. 383.110 through 1,028
383.135; 1,029
(4) Requires either that state employees take, at least 1,031
annually and as though the employees were test applicants, the 1,032
tests actually administered by the other party, that the director 1,033
test a sample of drivers who were examined by the other party to 1,034
compare the test results, or that state employees accompany a 1,035
test applicant during an actual test; 1,036
(5) Reserves to this state the right to take prompt and 1,038
appropriate remedial action against testers of the other party if 1,039
the other party fails to comply with standards of this state or 1,040
federal standards for the testing program or with any other terms 1,041
of the contract. 1,042
25
(C) The director shall enter into an agreement with the 1,044
department of education authorizing the skills test specified in 1,045
this section to be administered by the department at any location 1,046
operated by the department for purposes of training and testing 1,047
school bus drivers, provided that the agreement between the 1,048
director and the department complies with the requirements of 1,049
division (B) of this section. Skills tests administered by the 1,050
department shall be limited to persons applying for a commercial 1,051
driver's license with a school bus endorsement. 1,052
(D) The director shall adopt rules, in accordance with 1,054
Chapter 119. of the Revised Code, authorizing waiver of the 1,055
skills test specified in this section for any applicant for a 1,056
commercial driver's license who meets all of the following 1,057
requirements: 1,058
(1) Certifies that, during the two-year period immediately 1,060
preceding his application for a commercial driver's license, all 1,061
of the following apply: 1,062
(a) He THE APPLICANT has not had more than one license; 1,064
(b) He THE APPLICANT has not had any license suspended, 1,066
revoked, or canceled; 1,068
(c) He THE APPLICANT has not had any convictions for any 1,070
type of motor vehicle for the offenses for which disqualification 1,072
is prescribed in section 4506.16 of the Revised Code; 1,073
(d) He THE APPLICANT has not had any violation of a state 1,075
or local law relating to motor vehicle traffic control other than 1,077
a parking violation arising in connection with any traffic 1,078
accident and has no record of an accident in which he THE 1,079
APPLICANT was at fault.
(2) Certifies and also provides evidence that he THE 1,081
APPLICANT is regularly employed in a job requiring him to operate 1,083
OPERATION OF a commercial motor vehicle and that one of the 1,085
following applies:
(a) He THE APPLICANT has previously taken and passed a 1,087
skills Test given by a state with a classified licensing and 1,089
26
testing system in which the test was behind-the-wheel in a 1,090
representative vehicle for his THE APPLICANT'S commercial 1,091
driver's license classification; 1,092
(b) He THE APPLICANT has regularly operated, for at least 1,094
two years immediately preceding his application for a commercial 1,096
driver's license, a vehicle representative of the commercial 1,097
motor vehicle he THE APPLICANT operates or expects to operate. 1,098
(E)(1) The department of public safety may charge and 1,100
collect a divisible fee of fifty dollars for each skills test 1,101
given as part of a commercial driver's license examination. The 1,102
fee shall consist of ten dollars for the pre-trip inspection 1,103
portion of the test, ten dollars for the off-road maneuvering 1,104
portion of the test, and thirty dollars for the on-road portion 1,105
of the test.
(2) The director may require an applicant for a commercial 1,107
driver's license who schedules an appointment with the highway 1,108
patrol to take all portions of the skills test, to pay an 1,109
appointment fee of fifty dollars at the time he schedules OF 1,110
SCHEDULING the appointment. If the applicant appears at the time 1,111
and location specified for the appointment and takes all portions 1,112
of the skills test during that appointment, the appointment fee 1,113
shall serve as the skills test fee. If the applicant schedules 1,114
an appointment with the highway patrol to take all portions of 1,115
the skills test and fails to appear at the time and location
specified for the appointment, no portion of the appointment fee 1,116
shall be refunded. If the applicant schedules an appointment 1,117
with the highway patrol to take all portions of the skills test 1,119
and appears at the time and location specified for the 1,120
appointment, but declines or is unable to take all portions of 1,121
the skills test, the appointment fee shall serve as the skills
test fee. If the applicant cancels a scheduled appointment 1,123
forty-eight hours or more prior to the time of the appointment 1,124
time, the applicant shall not forfeit his THE appointment fee. 1,126
An applicant for a commercial driver's license who 1,128
27
schedules an appointment with the highway patrol to take one or 1,129
more, but not all, portions of the skills test shall not be 1,130
required to pay any appointment fee when scheduling such an 1,131
appointment.
(3) All fees collected under division (E) of this section 1,133
shall be deposited in the state highway safety fund. 1,134
(F) As used in this section, "skills test" means a test of 1,136
an applicant's ability to drive the type of commercial motor 1,137
vehicle for which he THE APPLICANT seeks a commercial driver's 1,138
license by having the applicant drive such a motor vehicle while 1,140
under the supervision of an authorized state driver's license 1,141
examiner or tester. 1,142
Sec. 4506.13. (A) The registrar may authorize the highway 1,151
patrol OR ANY OTHER EMPLOYEE OF THE DEPARTMENT OF PUBLIC SAFETY 1,152
to issue an examiner's commercial examinations passed form to an 1,154
applicant who has passed the required examinations. The
examiner's commercial examinations passed form shall be used, 1,155
once it has been validated, to indicate the examinations taken 1,156
and passed by the commercial driver's license applicant. 1,157
(B) Before issuing a commercial driver's license, the 1,159
registrar of motor vehicles shall obtain information about the 1,160
applicant's driving record through the commercial driver license 1,161
information system, when available, and the national driver 1,162
register. If the record check reveals information that the 1,163
applicant claims is outdated, contested, or invalid, the 1,164
registrar shall deny the application until the applicant can 1,165
resolve the conflict. 1,166
Within ten days after issuing a commercial driver's 1,168
license, the registrar shall notify the commercial driver license 1,169
information system, when available, of that fact and shall 1,170
provide all information required to ensure identification of the 1,171
licensee. 1,172
Sec. 4506.16. (A) Whoever violates division (A) of 1,181
section 4506.15 of the Revised Code or a similar law of another 1,182
28
state or a foreign jurisdiction, immediately shall be placed 1,183
out-of-service for twenty-four hours, in addition to any 1,184
disqualification required by this section and any other penalty 1,185
imposed by the Revised Code. 1,186
(B) The registrar of motor vehicles shall disqualify any 1,188
person from operating a commercial motor vehicle as follows: 1,189
(1) Upon a first conviction for a violation of divisions 1,191
(B) to (G) of section 4506.15 of the Revised Code or a similar 1,192
law of another state or a foreign jurisdiction, one year, in 1,193
addition to any other penalty imposed by the Revised Code; 1,194
(2) Upon a first conviction for a violation of division 1,196
(H) of section 4506.15 of the Revised Code or a similar law of 1,197
another state or a foreign jurisdiction, three years, in addition 1,198
to any other penalty imposed by the Revised Code; 1,199
(3) Upon a second conviction for a violation of divisions 1,201
(B) to (G) of section 4506.15 of the Revised Code or a similar 1,202
law of another state or a foreign jurisdiction, or any 1,203
combination of such violations arising from two or more separate 1,204
incidents, the person shall be disqualified for life or for any 1,205
other period of time as determined by the United States secretary 1,206
of transportation and designated by the director of public safety 1,207
by rule, in addition to any other penalty imposed by the Revised 1,208
Code; 1,209
(4) Upon conviction of a violation of division (E) of 1,211
section 4506.15 of the Revised Code or a similar law of another 1,212
state or a foreign jurisdiction in connection with the 1,213
manufacture, distribution, or dispensing of a controlled 1,214
substance or the possession with intent to manufacture, 1,215
distribute, or dispense a controlled substance, the person shall 1,216
be disqualified for life, in addition to any other penalty 1,217
imposed by the Revised Code; 1,218
(5) Upon conviction of two serious traffic violations 1,220
involving the operation of a commercial motor vehicle by the 1,221
person and arising from separate incidents occurring in a 1,222
29
three-year period, the person shall be disqualified for sixty 1,223
days, in addition to any other penalty imposed by the Revised 1,224
Code; 1,225
(6) Upon conviction of three serious traffic violations 1,227
involving the operation of a commercial motor vehicle by the 1,228
person and arising from separate incidents occurring in a 1,229
three-year period, the person shall be disqualified for one 1,230
hundred twenty days, in addition to any other penalty imposed by 1,231
the Revised Code. 1,232
(C) For the purposes of this section, conviction of a 1,234
violation for which disqualification is required may be evidenced 1,235
by any of the following: 1,236
(1) A judgment entry of a court of competent jurisdiction 1,238
in this or any other state; 1,239
(2) An administrative order of a state agency of a THIS OR 1,241
ANY OTHER state other than Ohio having statutory jurisdiction 1,243
over commercial drivers;
(3) A computer record obtained from or through the 1,245
commercial driver's license information system; 1,246
(4) A computer record obtained from or through a state 1,248
agency of a THIS OR ANY OTHER state other than Ohio having 1,250
statutory jurisdiction over commercial drivers or the records of 1,251
commercial drivers.
(D) Any record described in division (C) of this section 1,253
shall be deemed to be self-authenticating when it is received by 1,254
the bureau of motor vehicles. 1,255
(E) When disqualifying a driver, the registrar shall cause 1,257
the records of the bureau to be updated to reflect that action 1,258
within ten days after it occurs. 1,259
(F) The registrar immediately shall notify a driver who is 1,261
finally convicted of any offense described in section 4506.15 of 1,262
the Revised Code or division (B)(4), (5), or (6) of this section 1,263
and thereby is subject to disqualification, of the offense or 1,264
offenses involved, of the length of time for which 1,265
30
disqualification is to be imposed, and that the driver may 1,266
request a hearing within thirty days of the mailing of the notice 1,267
to show cause why the driver should not be disqualified from 1,268
operating a commercial motor vehicle. If a request for such a 1,270
hearing is not made within thirty days of the mailing of the 1,271
notice, the order of disqualification is final. The registrar 1,272
may designate hearing examiners who, after affording all parties 1,273
reasonable notice, shall conduct a hearing to determine whether 1,274
the disqualification order is supported by reliable evidence. 1,275
The registrar shall adopt rules to implement this division. 1,276
(G) Any person who is disqualified from operating a 1,278
commercial motor vehicle under this section may apply to the 1,279
registrar for a driver's license to operate a motor vehicle other 1,280
than a commercial motor vehicle, provided the person's commercial 1,281
driver's license is not otherwise suspended or revoked. A person 1,282
whose commercial driver's license is suspended or revoked shall 1,283
not apply to the registrar for or receive a driver's license 1,284
under Chapter 4507. of the Revised Code during the period of 1,285
suspension or revocation. 1,286
Sec. 4507.10. (A) The registrar of motor vehicles shall 1,299
examine every applicant for a temporary instruction permit, 1,300
driver's license, or motorcycle operator's endorsement before 1,302
issuing any such permit, license, or endorsement. 1,303
(B) Except as provided in section 4507.12 of the Revised 1,305
Code, the registrar may waive the examination of any person 1,306
applying for the renewal of a driver's license or motorcycle 1,307
operator's endorsement issued under this chapter, provided that 1,308
IF the applicant PERSON presents AND SURRENDERS either an 1,310
unexpired license or endorsement or a license or endorsement 1,311
which has expired not more than six months prior to the date of 1,312
application. EXCEPT AS PROVIDED IN SECTION 4507.12 OF THE 1,313
REVISED CODE, THE REGISTRAR MAY WAIVE THE EXAMINATION OF ANY
PERSON APPLYING FOR A DRIVER'S LICENSE IF THE PERSON PRESENTS AND 1,314
SURRENDERS A VALID LICENSE ISSUED BY ANOTHER STATE AND THE 1,315
31
LICENSE IS UNEXPIRED OR EXPIRED NOT MORE THAN SIX MONTHS. 1,316
(C) The registrar may waive the examination of any person 1,318
applying for the renewal of such a license or endorsement who is 1,319
on active duty in the armed forces of the United States or in 1,321
service with the peace corps, volunteers in service to America, 1,322
or the foreign service of the United States if the applicant has 1,323
no physical or mental disabilities that would affect the 1,324
applicant's driving ability, had a valid Ohio driver's or 1,325
commercial driver's license at the time the applicant commenced 1,327
such active duty or service, and the applicant's license is not 1,328
under suspension or revocation by this state or any other 1,329
jurisdiction. The registrar also may waive the examination of 1,330
the spouse or a dependent of any such person on active duty or in
service if the applicant has no physical or mental disabilities 1,331
that would affect his THE APPLICANT'S driving ability, was an 1,333
Ohio licensee at the time the person commenced the active duty or 1,334
service, and if the person's active duty caused the spouse or
dependent to relocate outside of this state during the period of 1,335
the active duty or service. 1,336
(D) Except as provided in section 4507.12 of the Revised 1,338
Code, the registrar may waive the examination of any person 1,339
applying for such a license or endorsement who meets any of the 1,340
following sets of qualifications: 1,341
(1) Has been on active duty in the armed forces of the 1,344
United States, presents an honorable discharge certificate 1,345
showing that the applicant has no physical or mental disabilities 1,346
that would affect the applicant's driving ability, had a valid 1,348
Ohio driver's or commercial driver's license at the time the 1,350
applicant commenced his THE APPLICANT'S active duty, is not under 1,351
a license suspension or revocation by this state or any other 1,352
jurisdiction, and makes the application not more than six months 1,353
after the date of discharge or separation;. 1,355
(2) Was in service with the peace corps, volunteers in 1,357
service to America, or the foreign service of the United States; 1,358
32
presents such evidence of his THE APPLICANT'S service as the 1,359
registrar prescribes showing that the applicant has no physical 1,361
or mental disabilities that would affect THE applicant's driving 1,362
ability; had a valid Ohio driver's or commercial driver's license 1,364
at the time the applicant commenced his THE APPLICANT'S service, 1,366
is not under a license suspension or revocation by this state or 1,367
any other jurisdiction, and makes the application no more than 1,368
six months after leaving the peace corps, volunteers, or foreign 1,369
service.
(3) Is the spouse or a dependent of a person on active 1,371
duty in the armed forces of the United States, or in service with 1,372
the peace corps, volunteers in service to America, or the foreign 1,373
service of the United States; presents such evidence as the 1,374
registrar prescribes showing that the applicant has no physical 1,375
or mental disabilities that would affect his driving ability;
presents such evidence as the registrar prescribes showing that 1,376
the applicant relocated outside of Ohio as a result of the 1,377
person's active duty or service; was an Ohio licensee at the time 1,378
of the relocation; and makes the application not more than six 1,379
months after returning to Ohio.
Sec. 4507.101. (A) THE REGISTRAR OF MOTOR VEHICLES MAY 1,381
ENTER INTO A RECIPROCAL ARRANGEMENT WITH ANOTHER COUNTRY FOR 1,382
RECIPROCAL RECOGNITION OF DRIVER'S LICENSES IF BOTH OF THE 1,384
FOLLOWING CONDITIONS ARE SATISFIED:
(1) THE COUNTRY GRANTS THE SAME OR SIMILAR EXEMPTIONS 1,386
RELATING TO DRIVERS' LICENSES TO PERSONS HOLDING VALID DRIVER'S 1,387
LICENSES ISSUED BY THIS STATE; 1,388
(2) THE COUNTRY CHARGES ONLY REASONABLE FEES FOR DRIVER'S 1,390
LICENSE APPLICATIONS, AS DETERMINED BY THE REGISTRAR IN THE 1,391
REGISTRAR'S SOLE DISCRETION, AND THE FEES ARE CHARGED IMPARTIALLY 1,392
TO ALL APPLICANTS. 1,393
(B) THE REGISTRAR SHALL NOT ENTER INTO A RECIPROCAL 1,395
ARRANGEMENT, AND SHALL CANCEL ANY SUCH ARRANGEMENT PREVIOUSLY 1,396
ENTERED INTO, IF THE COUNTRY DOES NOT COMPLY WITH DIVISIONS 1,397
33
(A)(1) AND (2) OF THIS SECTION. 1,398
(C) EXCEPT AS PROVIDED IN SECTION 4507.12 OF THE REVISED 1,400
CODE, THE REGISTRAR MAY WAIVE THE EXAMINATION OF ANY PERSON 1,401
APPLYING FOR A DRIVER'S LICENSE IF THE PERSON PRESENTS A VALID, 1,402
UNEXPIRED LICENSE ISSUED BY A COUNTRY WITH WHICH THE REGISTRAR 1,403
HAS A RECIPROCAL ARRANGEMENT. 1,404
(D) THE REGISTRAR MAY PRESCRIBE THE CONDITIONS UPON WHICH 1,406
A DRIVER'S LICENSE MAY BE ISSUED OR RETAINED UNDER THIS SECTION. 1,407
THE REGISTRAR SHALL NOT PROHIBIT AN APPLICANT FROM RETAINING THE 1,408
FOREIGN LICENSE AFTER THE REGISTRAR OR DEPUTY REGISTRAR ISSUING 1,409
THE OHIO LICENSE VIEWS AND AUTHENTICATES THE FOREIGN LICENSE. 1,410
Sec. 4507.11. The registrar of motor vehicles shall 1,419
conduct all necessary examinations of applicants for temporary 1,420
instruction permits, drivers' licenses, or motorcycle operators' 1,422
endorsements. The examination shall include a test of the 1,423
applicant's knowledge of motor vehicle laws, including the laws 1,424
on stopping for school buses, a test of the applicant's physical 1,425
fitness to drive, and a test of the applicant's ability to 1,427
understand highway traffic control devices. The examination may 1,428
be conducted in such a manner that applicants who are illiterate 1,429
or limited in their knowledge of the English language may be 1,430
tested by methods that would indicate to the examining officer 1,431
that the applicant has a reasonable knowledge of motor vehicle 1,432
laws and understands highway traffic control devices. An 1,433
applicant for a driver's license shall give an actual 1,434
demonstration of the ability to exercise ordinary and reasonable 1,435
control in the operation of a motor vehicle by driving the same 1,436
under the supervision of an examining officer. An applicant for 1,437
a motorcycle operator's endorsement shall give an actual 1,438
demonstration of the ability to exercise ordinary and reasonable 1,440
control in the operation of a motorcycle by driving the same 1,441
under the supervision of an examining officer. Except as 1,442
provided in section 4507.12 of the Revised Code, the registrar 1,443
shall designate the highway patrol or, any law enforcement body, 1,445
34
OR ANY OTHER EMPLOYEE OF THE DEPARTMENT OF PUBLIC SAFETY to 1,446
supervise and conduct examinations for temporary instruction
permits, drivers' licenses, and motorcycle operators' 1,448
endorsements and shall provide the necessary rules and forms to 1,449
properly conduct the examinations. The records of the 1,450
examinations, together with the application for a temporary 1,452
instruction permit, driver's license, or motorcycle operator's 1,453
endorsement, shall be forwarded to the registrar by the deputy 1,454
registrar, and, if in the opinion of the registrar the applicant 1,455
is qualified to operate a motor vehicle, the registrar shall 1,456
issue the permit, license, or endorsement. 1,458
The registrar may authorize the highway patrol or, other 1,460
designated law enforcement body, OR OTHER DESIGNATED EMPLOYEE OF 1,461
THE DEPARTMENT OF PUBLIC SAFETY to issue an examiner's driving 1,462
permit to an applicant who has passed the required examination, 1,463
authorizing that applicant to operate a motor vehicle while the 1,464
registrar is completing an investigation relative to that 1,466
applicant's qualifications to receive a temporary instruction
permit, driver's license, or motorcycle operator's endorsement. 1,468
The examiner's driving permit shall be in the immediate 1,469
possession of the applicant while operating a motor vehicle and 1,470
shall be effective until final action and notification has been 1,471
given by the registrar, but in no event longer than sixty days 1,472
from its date of issuance.
Sec. 4511.77. No person shall operate, nor shall any 1,481
person being the owner thereof or having supervisory 1,482
responsibility therefor permit the operation of, a school bus 1,483
within this state unless it is painted national school bus chrome 1,484
number two YELLOW and is marked on both front and rear with the 1,485
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 1,486
black lettering not less than ten inches in height. 1,487
Sec. 4513.071. All EVERY motor vehicles VEHICLE, TRAILER, 1,497
SEMITRAILER, AND POLE TRAILER when operated upon a highway shall
35
be equipped with at least one TWO OR MORE stop light LIGHTS, 1,500
EXCEPT THAT PASSENGER CARS MANUFACTURED OR ASSEMBLED PRIOR TO 1,501
JANUARY 1, 1967, MOTORCYCLES, AND MOTOR-DRIVEN CYCLES SHALL BE
EQUIPPED WITH AT LEAST ONE STOP LIGHT. STOP LIGHTS SHALL BE 1,502
mounted on the rear of the vehicle which shall be, actuated upon 1,504
application of the service brake, and which may be incorporated 1,506
with other rear lights. Such stop lights when actuated shall
emit a red light visible from a distance of five hundred feet to 1,508
the rear, provided that in the case of a train of vehicles only 1,509
the stop lights on the rear-most vehicle need be visible from the 1,510
distance specified.
Such stop lights when actuated shall give a steady warning 1,512
light to the rear of a vehicle or train of vehicles to indicate 1,513
the intention of the operator to diminish the speed of or stop a 1,514
vehicle or train of vehicles.
When stop lights are used as required by this section, they 1,516
shall be constructed or installed so as to provide adequate and 1,517
reliable illumination and shall conform to the appropriate rules 1,518
and regulations established under section 4513.19 of the Revised 1,519
Code.
Historical motor vehicles as defined in section 4503.181 of 1,521
the Revised Code, NOT ORIGINALLY MANUFACTURED WITH STOP LIGHTS, 1,523
are not subject to this section. 1,524
Sec. 4513.20. The following requirements govern as to 1,533
brake equipment on vehicles: 1,534
(A) Every trackless trolley and motor vehicle, other than 1,536
a motorcycle, when operated upon a highway shall be equipped with 1,537
brakes adequate to control the movement of and to stop and hold 1,538
such trackless trolley or motor vehicle, including two separate 1,539
means of applying the brakes, each of which means shall be 1,540
effective to apply the brakes to at least two wheels. If these 1,541
two separate means of applying the brakes are connected in any 1,542
way, then on such trackless trolleys or motor vehicles 1,543
manufactured or assembled after January 1, 1942, they shall be so 1,544
36
constructed that failure of any one part of the operating 1,545
mechanism shall not leave the trackless trolley or motor vehicle 1,546
without brakes on at least two wheels. 1,547
(B) Every motorcycle, when operated upon a highway shall 1,549
be equipped with at least one adequate brake, which may be 1,550
operated by hand or by foot. 1,551
(C) Every motorized bicycle shall be equipped with brakes 1,553
meeting the rules adopted by the director of public safety under 1,554
section 4511.521 of the Revised Code. 1,555
(D) Every trailer or semitrailer, except a pole trailer, 1,557
of a gross weight of two thousand pounds or more, manufactured or 1,558
assembled on or after January 1, 1942, when WHEN operated upon 1,559
the highways of this state, THE FOLLOWING VEHICLES shall be 1,560
equipped with brakes adequate to control the movement of and to 1,562
stop and to hold such THE vehicle and so, designed as to be 1,563
applied by the driver of the towing motor vehicle from its cab, 1,564
and said brakes shall be so ALSO designed and connected SO that, 1,566
in case of a breakaway of the towed vehicle, the brakes shall be 1,567
automatically applied:
(1) EVERY TRAILER OR SEMITRAILER, EXCEPT A POLE TRAILER, 1,569
WITH AN EMPTY WEIGHT OF TWO THOUSAND POUNDS OR MORE, MANUFACTURED 1,570
OR ASSEMBLED ON OR AFTER JANUARY 1, 1942; 1,571
(2) EVERY MANUFACTURED HOME OR TRAVEL TRAILER WITH AN 1,573
EMPTY WEIGHT OF TWO THOUSAND POUNDS OR MORE, MANUFACTURED OR 1,574
ASSEMBLED ON OR AFTER JANUARY 1, 2001. 1,575
(E) In any combination of motor-drawn trailers or 1,577
semitrailers equipped with brakes, means shall be provided for 1,578
applying the rearmost brakes in approximate synchronism with the 1,579
brakes on the towing vehicle, and developing the required braking 1,580
effort on the rearmost wheels at the fastest rate; or means shall 1,581
be provided for applying braking effort first on the rearmost 1,582
brakes; or both of the above means, capable of being used 1,583
alternatively, may be employed. 1,584
(F) Every vehicle and combination of vehicles, except 1,586
37
motorcycles and motorized bicycles, and except trailers and 1,587
semitrailers of a gross weight of less than two thousand pounds, 1,588
and pole trailers, shall be equipped with parking brakes adequate 1,589
to hold the vehicle on any grade on which it is operated, under 1,590
all conditions of loading, on a surface free from snow, ice, or 1,591
loose material. The parking brakes shall be capable of being 1,592
applied in conformance with the foregoing requirements by the 1,593
driver's muscular effort or by spring action or by equivalent 1,594
means. Their operation may be assisted by the service brakes or 1,595
other source of power provided that failure of the service brake 1,596
actuation system or other power assisting mechanism will not 1,597
prevent the parking brakes from being applied in conformance with 1,598
the foregoing requirements. The parking brakes shall be so 1,599
designed that when once applied they shall remain applied with 1,600
the required effectiveness despite exhaustion of any source of 1,601
energy or leakage of any kind. 1,602
(G) The same brake drums, brake shoes and lining 1,604
assemblies, brake shoe anchors, and mechanical brake shoe 1,605
actuation mechanism normally associated with the wheel brake 1,606
assemblies may be used for both the service brakes and the 1,607
parking brakes. If the means of applying the parking brakes and 1,608
the service brakes are connected in any way, they shall be so 1,609
constructed that failure of any one part shall not leave the 1,610
vehicle without operative brakes. 1,611
(H) Every trackless trolley, motor vehicle, or combination 1,613
of motor-drawn vehicles shall be capable at all times and under 1,614
all conditions of loading of being stopped on a dry, smooth, 1,615
level road free from loose material, upon application of the 1,616
service or foot brake, within the following specified distances, 1,617
or shall be capable of being decelerated at a sustained rate 1,618
corresponding to these distances: 1,619
(1) Trackless trolleys, vehicles, or combinations of 1,621
vehicles having brakes on all wheels shall come to a stop in 1,622
thirty feet or less from a speed of twenty miles per hour. 1,623
38
(2) Vehicles or combinations of vehicles not having brakes 1,625
on all wheels shall come to a stop in forty feet or less from a 1,626
speed of twenty miles per hour. 1,627
(I) All brakes shall be maintained in good working order 1,629
and shall be so adjusted as to operate as equally as practicable 1,630
with respect to the wheels on opposite sides of the trackless 1,631
trolley or vehicle. 1,632
Sec. 4513.261. (A)(1) No person shall sell OPERATE any 1,642
motor vehicle nor shall any motor vehicle be registered which has 1,643
been manufactured or assembled on or after January 1, 1954, 1,644
unless such THE vehicle is equipped with electrical or mechanical 1,645
directional signals. 1,646
(2) NO PERSON SHALL OPERATE ANY MOTORCYCLE OR MOTOR-DRIVEN 1,648
CYCLE MANUFACTURED OR ASSEMBLED ON OR AFTER JANUARY 1, 1968, 1,649
UNLESS THE VEHICLE IS EQUIPPED WITH ELECTRICAL OR MECHANICAL 1,650
DIRECTIONAL SIGNALS.
(B) "Directional signals" means an electrical or 1,652
mechanical signal device capable of clearly indicating an 1,654
intention to turn either to the right or to the left and which 1,655
shall be visible from both the front and rear.
(C) All mechanical signal devices shall be 1,657
self-illuminating devices when in use at the times mentioned in 1,659
section 4513.03 of the Revised Code.
This section shall not apply to motorcycles or motor-driven 1,661
cycles.
Sec. 4513.60. (A)(1) The sheriff of a county or chief of 1,670
police of a municipal corporation, township, or township police 1,671
district, within his THE SHERIFF'S OR CHIEF'S respective 1,672
territorial jurisdiction, upon complaint of any person adversely 1,674
affected, may order into storage any motor vehicle, other than an 1,675
abandoned junk motor vehicle as defined in section 4513.63 of the 1,676
Revised Code, that has been left on private residential or 1,677
private agricultural property for at least four hours without the 1,678
permission of the person having the right to the possession of 1,679
39
the property. The sheriff or chief of police, upon complaint of 1,680
the owner of a repair garage or place of storage, may order into 1,681
storage any motor vehicle, other than an abandoned junk motor 1,682
vehicle, that has been left at the garage or place of storage for 1,683
a longer period than that agreed upon. The place of storage 1,684
shall be designated by the sheriff or chief of police. When 1,685
ordering a motor vehicle into storage pursuant to this division, 1,686
a sheriff or chief of police shall, whenever possible, SHALL 1,687
arrange for the removal of such THE motor vehicle by a private 1,689
tow truck operator or towing company. Subject to division (C) of 1,691
this section, the owner of a motor vehicle that has been removed 1,692
pursuant to this division may recover the vehicle only in 1,693
accordance with division (E) of this section. 1,694
(2) Divisions (A)(1) to (3) of this section do not apply 1,696
to any private residential or private agricultural property that 1,697
is established as a private tow-away zone in accordance with 1,698
division (B) of this section. 1,699
(3) As used in divisions (A)(1) and (2) of this section, 1,701
"private residential property" means private property on which is 1,702
located one or more structures that are used as a home, 1,703
residence, or sleeping place by one or more persons, if no more 1,704
than three separate households are maintained in the structure or 1,705
structures. "Private residential property" does not include any 1,706
private property on which is located one or more structures that 1,707
are used as a home, residence, or sleeping place by two or more 1,708
persons, if more than three separate households are maintained in 1,709
the structure or structures. 1,710
(B)(1) The owner of private property may establish a 1,712
private tow-away zone only if all of the following conditions are 1,713
satisfied: 1,714
(a) The owner posts on his THE OWNER'S property a sign, 1,716
that is at least eighteen inches by twenty-four inches in size, 1,718
that is visible from all entrances to the property, and that 1,719
contains at least all of the following information: 1,720
40
(i) A notice that the property is a private tow-away zone 1,722
and that vehicles not authorized to park on the property will be 1,723
towed away; 1,724
(ii) The telephone number of the person from whom a 1,726
towed-away vehicle can be recovered, and the address of the place 1,727
to which the vehicle will be taken and the place from which it 1,728
may be recovered; 1,729
(iii) A statement that the vehicle may be recovered at any 1,731
time during the day or night upon the submission of proof of 1,732
ownership and the payment of a towing charge, in an amount not to 1,733
exceed seventy NINETY dollars, and a storage charge, in an amount 1,735
not to exceed eight TWELVE dollars per twenty-four-hour period; 1,736
except that the charge for towing shall not exceed one hundred 1,738
FIFTY dollars, and the storage charge shall not exceed twelve 1,739
TWENTY dollars per twenty-four-hour period, if the vehicle has a 1,740
laden MANUFACTURER'S gross vehicle weight RATING in excess of 1,742
fifteen TEN thousand pounds and is a truck, bus, or a combination 1,744
of a commercial tractor and trailer or semitrailer. 1,745
(b) The place to which the towed vehicle is taken and from 1,747
which it may be recovered is conveniently located, is well 1,748
lighted, and is on or within a reasonable distance of a regularly 1,749
scheduled route of one or more modes of public transportation, if 1,750
any public transportation is available in the municipal 1,751
corporation or township in which the private tow-away zone is 1,752
located. 1,753
(2) If a vehicle is parked on private property that is 1,755
established as a private tow-away zone in accordance with 1,756
division (B)(1) of this section, without the consent of the owner 1,757
of the property or in violation of any posted parking condition 1,758
or regulation, the owner or his THE OWNER'S agent may remove, or 1,759
cause the removal of, the vehicle, the owner and the operator of 1,761
the vehicle shall be deemed to have consented to the removal and 1,762
storage of the vehicle and to the payment of the towing and 1,763
storage charges specified in division (B)(1)(a)(iii) of this 1,764
41
section, and the owner, subject to division (C) of this section, 1,765
may recover a vehicle that has been so removed only in accordance 1,766
with division (E) of this section. 1,767
(3) If a municipal corporation requires tow trucks and tow 1,769
truck operators to be licensed, no owner of private property 1,770
located within the municipal corporation shall remove, or shall 1,771
cause the removal and storage of, any vehicle pursuant to 1,772
division (B)(2) of this section by an unlicensed tow truck or 1,773
unlicensed tow truck operator. 1,774
(4) Divisions (B)(1) to (3) of this section do not affect 1,776
or limit the operation of division (A) of this section or 1,777
sections 4513.61 to 4513.65 of the Revised Code as they relate to 1,778
property other than private property that is established as a 1,779
private tow-away zone under division (B)(1) of this section. 1,780
(C) If the owner or operator of a motor vehicle that has 1,782
been ordered into storage pursuant to division (A)(1) of this 1,783
section or of a vehicle that is being removed under authority of 1,784
division (B)(2) of this section arrives after the motor vehicle 1,785
or vehicle has been prepared for removal, but prior to its actual 1,786
removal from the property, the owner or operator shall be given 1,787
the opportunity to pay a fee of not more than one-half of the 1,788
charge for the removal of motor vehicles under division (A)(1) of 1,789
this section or of vehicles under division (B)(2) of this 1,790
section, whichever is applicable, that normally is assessed by 1,791
the person who has prepared the motor vehicle or vehicle for 1,792
removal, in order to obtain release of the motor vehicle or 1,793
vehicle. Upon payment of that fee, the motor vehicle or vehicle 1,794
shall be released to the owner or operator, and upon its release, 1,795
the owner or operator immediately shall move it so that: 1,796
(1) If the motor vehicle was ordered into storage pursuant 1,798
to division (A)(1) of this section, it is not on the private 1,799
residential or private agricultural property without the 1,800
permission of the person having the right to possession of the 1,801
property, or is not at the garage or place of storage without the 1,802
42
permission of the owner, whichever is applicable. 1,803
(2) If the vehicle was being removed under authority of 1,805
division (B)(2) of this section, it is not parked on the private 1,806
property established as a private tow-away zone without the 1,807
consent of the owner or in violation of any posted parking 1,808
condition or regulation. 1,809
(D)(1) If an owner of private property that is established 1,811
as a private tow-away zone in accordance with division (B)(1) of 1,812
this section or the authorized agent of such an owner removes or 1,813
causes the removal of a vehicle from that property under 1,814
authority of division (B)(2) of this section, the owner or agent 1,815
promptly shall notify the police department of the municipal 1,816
corporation, township, or township police district in which the 1,817
property is located, of the removal, the vehicle's license 1,818
number, make, model, and color, the location from which it was 1,819
removed, the date and time of its removal, the telephone number 1,820
of the person from whom it may be recovered, and the address of 1,821
the place to which it has been taken and from which it may be 1,822
recovered. 1,823
(2) Each county sheriff and each chief of police of a 1,825
municipal corporation, township, or township police district 1,826
shall maintain a record of motor vehicles that he THE SHERIFF OR 1,827
CHIEF orders into storage pursuant to division (A)(1) of this 1,828
section and of vehicles removed from private property in his THE 1,829
SHERIFF'S OR CHIEF'S jurisdiction that is established as a 1,831
private tow-away zone of which he THE SHERIFF OR CHIEF has 1,832
received notice under division (D)(1) of this section. The
record shall include an entry for each such motor vehicle or 1,833
vehicle that identifies the motor vehicle's or vehicle's license 1,834
number, make, model, and color, the location from which it was 1,835
removed, the date and time of its removal, the telephone number 1,836
of the person from whom it may be recovered, and the address of 1,837
the place to which it has been taken and from which it may be 1,838
recovered. Any information in the record that pertains to a 1,839
43
particular motor vehicle or vehicle shall be provided to any 1,840
person who, either in person or pursuant to a telephone call, 1,841
identifies himself SELF as the owner or operator of the motor 1,842
vehicle or vehicle and requests information pertaining to its 1,843
location.
(3) Any person who registers a complaint that is the basis 1,845
of a sheriff's or police chief's order for the removal and 1,846
storage of a motor vehicle under division (A)(1) of this section 1,847
shall provide the identity of the law enforcement agency with 1,848
which the complaint was registered to any person who identifies 1,849
himself SELF as the owner or operator of the motor vehicle and 1,850
requests information pertaining to its location. 1,851
(E) The owner of a motor vehicle that is ordered into 1,853
storage pursuant to division (A)(1) of this section or of a 1,854
vehicle that is removed under authority of division (B)(2) of 1,855
this section may reclaim it upon payment of any expenses or 1,856
charges incurred in its removal, in an amount not to exceed 1,857
seventy NINETY dollars, and storage, in an amount not to exceed 1,858
eight TWELVE dollars per twenty-four-hour period; except that the 1,860
charge for towing shall not exceed one hundred FIFTY dollars, and 1,861
the storage charge shall not exceed twelve TWENTY dollars per 1,862
twenty-four-hour period, if the vehicle has a laden 1,864
MANUFACTURER'S gross vehicle weight RATING in excess of fifteen 1,866
TEN thousand pounds and is a truck, bus, or a combination of a 1,868
commercial tractor and trailer or semitrailer. Presentation of 1,869
proof of ownership, which may be evidenced by a certificate of
title to the motor vehicle or vehicle shall also SHALL be 1,870
required for reclamation of the vehicle. If a motor vehicle that 1,872
is ordered into storage pursuant to division (A)(1) of this 1,873
section remains unclaimed by the owner for thirty days, the 1,874
procedures established by sections 4513.61 and 4513.62 of the 1,875
Revised Code shall apply. 1,876
(F) No person shall remove, or cause the removal of, any 1,878
vehicle from private property that is established as a private 1,879
44
tow-away zone under division (B)(1) of this section other than in 1,880
accordance with division (B)(2) of this section, and no person 1,881
shall remove, or cause the removal of, any motor vehicle from any 1,882
other private property other than in accordance with division 1,883
(A)(1) of this section or sections 4513.61 to 4513.65 of the 1,884
Revised Code. 1,885
Sec. 5577.11. No person shall drive or operate, or cause 1,894
to be driven or operated, any commercial car, trailer, or 1,895
semitrailer, used for the transportation of goods or property, 1,896
the gross weight of which, with load, exceeds three tons, upon 1,897
the public highways, streets, bridges, and culverts within this 1,898
state, unless such vehicle is equipped with suitable metal
protectors or substantial flexible flaps on the rearmost wheels 1,899
of such vehicle or combination of vehicles to prevent, as far as 1,900
practicable, the wheels from throwing dirt, water, or other 1,901
materials on the windshields of following vehicles. Such 1,902
protectors or flaps shall have a ground clearance of not more 1,903
than one fifth THIRD of the distance from the center of the 1,904
rearmost axle to the center of the flaps under any conditions of 1,905
loading of the vehicle, and they shall be at least as wide as the 1,906
tires they are protecting. If the vehicle is so designed and
constructed that such requirements are accomplished by means of 1,907
fenders, body construction, or other means of enclosure, then no 1,908
such protectors or flaps are required. Rear wheels not covered 1,909
at the top by fenders, bodies, or other parts of the vehicle 1,910
shall be covered at the top by protective means extending at 1,911
least to the center line of the rearmost axle.
Section 2. That existing sections 4501.01, 4501.27, 1,913
4503.07, 4506.01, 4506.09, 4506.13, 4506.16, 4507.10, 4507.11, 1,914
4511.77, 4513.071, 4513.20, 4513.261, 4513.60, and 5577.11 of the 1,915
Revised Code are hereby repealed.
Section 3. Section 4501.01 of the Revised Code is 1,917
presented in this act as a composite of the section as amended by 1,918
both Am. Sub. H.B. 611 and Am. Sub. S.B. 142 of the 122nd General 1,919
45
Assembly, with the new language of neither of the acts shown in 1,920
capital letters. Section 4506.01 of the Revised Code is presented 1,921
in this act as a composite of the section as amended by both Am. 1,923
Sub. S.B. 66 and Am. Sub. S.B. 213 of the 122nd General Assembly,
with the new language of neither of the acts shown in capital 1,924
letters. Section 4507.10 of the Revised Code is presented in 1,925
this act as a composite of the section as amended by Am. Sub. 1,927
S.B. 35 of the 122nd General Assembly and Sub. S.B. 96 of the
120th General Assembly, with the new language of neither of the 1,929
acts shown in capital letters. This is in recognition of the 1,930
principle stated in division (B) of section 1.52 of the Revised 1,931
Code that such amendments are to be harmonized where not 1,932
substantively irreconcilable and constitutes a legislative 1,933
finding that such is the resulting version in effect prior to the 1,934
effective date of this act.