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           

                                                          2      


                                                                 
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           

                                                          3      


                                                                 
(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,                    

                                                          4      


                                                                 
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          

                                                          5      


                                                                 
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.                                                            

                                                          6      


                                                                 
      (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                

                                                          7      


                                                                 
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          

                                                          8      


                                                                 
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          

                                                          9      


                                                                 
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          

                                                          10     


                                                                 
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          

                                                          11     


                                                                 
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;                                                 

                                                          12     


                                                                 
      (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.                                                                 

                                                          13     


                                                                 
      (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          

                                                          14     


                                                                 
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                   

                                                          15     


                                                                 
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          

                                                          16     


                                                                 
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.