As Passed by the House 1
123rd General Assembly 4
Regular Session Am. Sub. H. B. No. 600 5
1999-2000 6
REPRESENTATIVES CLANCY-KRUPINSKI-BENDER-O'BRIEN-PERRY-WILSON- 8
METELSKY-HARTNETT-KILBANE-ROMAN-DISTEL-BOYD-EVANS-VESPER-GOODING- 9
PRINGLE-JAMES-OGG-CALLENDER-WINKLER-CATES-FERDERBER-STEVENS 10
_________________________________________________________________ 11
A B I L L
To amend sections 4501.01, 4501.27, 4503.07, 13
4506.01, 4506.09, 4506.13, 4506.16, 4507.10, 15
4507.11, 4511.77, 4513.071, 4513.20, 4513.261,
4513.60, and 5577.11 and to enact sections 16
4506.011 and 4507.101 of the Revised Code to 17
revise the law governing the disclosure of
personal information from records of the Bureau 18
of Motor Vehicles, to allow driver's license 19
reciprocity with foreign countries, to make 20
changes in Commercial Motor Vehicle Law and
vehicle equipment requirements, to make other 21
changes in the law governing drivers' licenses, 22
and to increase the towing and storage fees that 23
must be paid when a person claims a motor vehicle
that has been ordered into storage by the sheriff 24
of a county or chief of police of a municipal 25
corporation, township, or township police
district or removed from a private tow-away zone. 26
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 28
Section 1. That sections 4501.01, 4501.27, 4503.07, 30
4506.01, 4506.09, 4506.13, 4506.16, 4507.10, 4507.11, 4511.77, 31
4513.071, 4513.20, 4513.261, 4513.60, and 5577.11 be amended and 32
sections 4506.011 and 4507.101 of the Revised Code be enacted to 33
read as follows:
2
Sec. 4501.01. As used in this chapter and Chapters 4503., 43
4505., 4507., 4509., 4511., 4513., 4515., and 4517. of the 44
Revised Code, and in the penal laws, except as otherwise 45
provided: 46
(A) "Vehicles" means everything on wheels or runners, 48
including motorized bicycles, but does not mean vehicles that are 49
operated exclusively on rails or tracks or from overhead electric 50
trolley wires and vehicles that belong to any police department, 51
municipal fire department, or volunteer fire department, or that 52
are used by such a department in the discharge of its functions. 53
(B) "Motor vehicle" means any vehicle, including mobile 56
homes and recreational vehicles, that is propelled or drawn by 58
power other than muscular power or power collected from overhead 59
electric trolley wires. "Motor vehicle" does not include 60
motorized bicycles, road rollers, traction engines, power 61
shovels, power cranes, and other equipment used in construction 62
work and not designed for or employed in general highway 63
transportation, well-drilling machinery, ditch-digging machinery, 64
farm machinery, trailers that are used to transport agricultural 65
produce or agricultural production materials between a local 66
place of storage or supply and the farm when drawn or towed on a 67
public road or highway at a speed of twenty-five miles per hour 68
or less, threshing machinery, hay-baling machinery, corn sheller, 69
hammermill and agricultural tractors, machinery used in the 70
production of horticultural, agricultural, and vegetable 71
products, and trailers that are designed and used exclusively to 72
transport a boat between a place of storage and a marina, or in 73
and around a marina, when drawn or towed on a public road or 74
highway for a distance of no more than ten miles and at a speed 75
of twenty-five miles per hour or less.
(C) "Agricultural tractor" and "traction engine" mean any 77
self-propelling vehicle that is designed or used for drawing 78
other vehicles or wheeled machinery, but has no provisions for 79
carrying loads independently of such other vehicles, and that is 80
3
used principally for agricultural purposes. 81
(D) "Commercial tractor," except as defined in division 83
(C) of this section, means any motor vehicle that has motive 84
power and either is designed or used for drawing other motor 85
vehicles, or is designed or used for drawing another motor 87
vehicle while carrying a portion of the other motor vehicle or 88
its load, or both.
(E) "Passenger car" means any motor vehicle that is 90
designed and used for carrying not more than nine persons and 91
includes any motor vehicle that is designed and used for carrying 92
not more than fifteen persons in a ridesharing arrangement. 93
(F) "Collector's vehicle" means any motor vehicle or 95
agricultural tractor or traction engine that is of special 96
interest, that has a fair market value of one hundred dollars or 97
more, whether operable or not, and that is owned, operated, 98
collected, preserved, restored, maintained, or used essentially 99
as a collector's item, leisure pursuit, or investment, but not as 100
the owner's principal means of transportation. "Licensed 101
collector's vehicle" means a collector's vehicle, other than an 102
agricultural tractor or traction engine, that displays current, 103
valid license tags issued under section 4503.45 of the Revised 104
Code, or a similar type of motor vehicle that displays current, 105
valid license tags issued under substantially equivalent 106
provisions in the laws of other states. 107
(G) "Historical motor vehicle" means any motor vehicle 109
that is over twenty-five years old and is owned solely as a 110
collector's item and for participation in club activities, 111
exhibitions, tours, parades, and similar uses, but that in no 112
event is used for general transportation. 113
(H) "Noncommercial motor vehicle" means any motor vehicle, 115
including a farm truck as defined in section 4503.04 of the 116
Revised Code, that is designed by the manufacturer to carry a 117
load of no more than one ton and is used exclusively for purposes 118
other than engaging in business for profit. 119
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(I) "Bus" means any motor vehicle that has motor power and 122
is designed and used for carrying more than nine passengers,
except any motor vehicle that is designed and used for carrying 123
not more than fifteen passengers in a ridesharing arrangement. 124
(J) "Commercial car" OR "TRUCK" means any motor vehicle 126
that has motor power and is designed and used for carrying 128
merchandise or freight, or that is used as a commercial tractor. 129
(K) "Bicycle" means every device, other than a tricycle 131
that is designed solely for use as a play vehicle by a child, 133
that is propelled solely by human power upon which any person may 134
ride, and that has either two tandem wheels, or one wheel in 135
front and two wheels in the rear, any of which is more than 136
fourteen inches in diameter.
(L) "Motorized bicycle" means any vehicle that either has 138
two tandem wheels or one wheel in the front and two wheels in the 140
rear, that is capable of being pedaled, and that is equipped with
a helper motor of not more than fifty cubic centimeters piston 141
displacement that produces no more than one brake horsepower and 142
is capable of propelling the vehicle at a speed of no greater 143
than twenty miles per hour on a level surface. 144
(M) "Trailer" means any vehicle without motive power that 147
is designed or used for carrying property or persons wholly on
its own structure and for being drawn by a motor vehicle, and 148
includes any such vehicle that is formed by or operated as a 149
combination of a semitrailer and a vehicle of the dolly type such 150
as that commonly known as a trailer dolly, a vehicle used to 151
transport agricultural produce or agricultural production 152
materials between a local place of storage or supply and the farm 153
when drawn or towed on a public road or highway at a speed 154
greater than twenty-five miles per hour, and a vehicle that is 155
designed and used exclusively to transport a boat between a place 156
of storage and a marina, or in and around a marina, when drawn or 157
towed on a public road or highway for a distance of more than ten 158
miles or at a speed of more than twenty-five miles per hour. 159
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"Trailer" does not include a manufactured home or travel trailer. 160
(N) "Noncommercial trailer" means any trailer, except a 162
travel trailer or trailer that is used to transport a boat as 163
described in division (B) of this section, but, where applicable, 164
includes a vehicle that is used to transport a boat as described 165
in division (M) of this section, that has a gross weight of no 166
more than three thousand pounds, and that is used exclusively for 167
purposes other than engaging in business for a profit. 168
(O) "Mobile home" means a building unit or assembly of 171
closed construction that is fabricated in an off-site facility, 172
is more than thirty-five body feet in length or, when erected on 173
site, is three hundred twenty or more square feet, is built on a 174
permanent chassis, is transportable in one or more sections, and 176
does not qualify as a manufactured home as defined in division 177
(C)(4) of section 3781.06 of the Revised Code or as an 178
industrialized unit as defined in division (C)(3) of section 179
3781.06 of the Revised Code.
(P) "Semitrailer" means any vehicle of the trailer type 181
that does not have motive power and is so designed or used with 182
another and separate motor vehicle that in operation a part of 183
its own weight or that of its load, or both, rests upon and is 184
carried by the other vehicle furnishing the motive power for 185
propelling itself and the vehicle referred to in this division, 186
and includes, for the purpose only of registration and taxation 187
under those chapters, any vehicle of the dolly type, such as a 188
trailer dolly, that is designed or used for the conversion of a 189
semitrailer into a trailer. 190
(Q) "Recreational vehicle" means a vehicular portable 192
structure that MEETS ALL OF THE FOLLOWING CONDITIONS: 193
(1) IT is designed and constructed to be used as a 195
temporary dwelling for THE SOLE PURPOSE OF RECREATIONAL travel, 196
recreational, and vacation uses and. 197
(2) IT IS NOT USED FOR THE PURPOSE OF ENGAGING IN BUSINESS 199
FOR PROFIT.
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(3) IT IS NOT USED FOR THE PURPOSE OF ENGAGING IN 201
INTRASTATE COMMERCE.
(4) IT IS NOT USED FOR THE PURPOSE OF COMMERCE AS DEFINED 203
IN 49 C.F.R. 383.5, AS AMENDED. 204
(5) IT IS NOT REGULATED BY THE PUBLIC UTILITIES COMMISSION 206
PURSUANT TO CHAPTER 4919., 4921., OR 4923. OF THE REVISED CODE. 207
(6) IT is classed as follows ONE OF THE FOLLOWING: 209
(1)(a) "Travel trailer" means a nonself-propelled 211
recreational vehicle that does not exceed an overall length of 212
thirty-five feet, exclusive of bumper and tongue or coupling, and 213
contains less than three hundred twenty square feet of space when 214
erected on site. "Travel trailer" includes a tent-type fold-out 216
camping trailer as defined in section 4517.01 of the Revised 217
Code.
(2)(b) "Motor home" means a self-propelled recreational 219
vehicle that HAS NO FIFTH WHEEL AND is constructed with 220
permanently installed facilities for cold storage, cooking and 222
consuming of food, and for sleeping.
(3)(c) "Truck camper" means a nonself-propelled 224
recreational vehicle that does not have wheels for road use and 225
is designed to be placed upon and attached to a motor vehicle. 226
"Truck camper" does not include truck covers that consist of 227
walls and a roof, but do not have floors and facilities enabling 228
them to be used as a dwelling.
(4)(d) "Fifth wheel trailer" means a vehicle that is of 230
such size and weight as to be movable without a special highway 232
permit, that has a gross trailer area of four hundred square feet 233
or less, that is constructed with a raised forward section that 234
allows a bi-level floor plan, and that is designed to be towed by
a vehicle equipped with a fifth-wheel hitch ordinarily installed 235
in the bed of a truck. 236
(5)(e) "Park trailer" means a vehicle that is commonly 238
known as a park model recreational vehicle, meets the American 240
national standard institute standard A119.5 (1988) for park 241
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trailers, is built on a single chassis, has a gross trailer area 242
of four hundred square feet or less when set up, is designed for
seasonal or temporary living quarters, and may be connected to 243
utilities necessary for the operation of installed features and 244
appliances.
(R) "Pneumatic tires" means tires of rubber and fabric or 246
tires of similar material, that are inflated with air. 247
(S) "Solid tires" means tires of rubber or similar elastic 249
material that are not dependent upon confined air for support of 250
the load.
(T) "Solid tire vehicle" means any vehicle that is 252
equipped with two or more solid tires. 253
(U) "Farm machinery" means all machines and tools that are 255
used in the production, harvesting, and care of farm products, 256
and includes trailers that are used to transport agricultural 257
produce or agricultural production materials between a local 258
place of storage or supply and the farm when drawn or towed on a 259
public road or highway at a speed of twenty-five miles per hour 260
or less.
(V) "Owner" includes any person, firm, or corporation 262
other than a manufacturer or dealer that has title to a motor 263
vehicle, except that in sections 4505.01 to 4505.19 of the 264
Revised Code, "owner" includes in addition manufacturers and 265
dealers.
(W) "Manufacturer" and "dealer" include all persons, 267
firms, and corporations that are regularly engaged in the 268
business of manufacturing, selling, displaying, offering for 269
sale, or dealing in motor vehicles, at an established place of 270
business that is used exclusively for the purpose of 271
manufacturing, selling, displaying, offering for sale, or dealing 272
in motor vehicles. A place of business that is used for 273
manufacturing, selling, displaying, offering for sale, or dealing 274
in motor vehicles shall be deemed to be used exclusively for 275
those purposes even though snowmobiles or all-purpose vehicles 276
8
are sold or displayed for sale thereat, even though farm 277
machinery is sold or displayed for sale thereat, or even though 278
repair, accessory, gasoline and oil, storage, parts, service, or 279
paint departments are maintained thereat, or, in any county 280
having a population of less than seventy-five thousand persons at 281
the last federal census, even though a department in a place of 282
business is used to dismantle, salvage, or rebuild motor vehicles 283
by means of used parts, if such departments are operated for the 284
purpose of furthering and assisting in the business of 285
manufacturing, selling, displaying, offering for sale, or dealing 286
in motor vehicles. Places of business or departments in a place 287
of business used to dismantle, salvage, or rebuild motor vehicles 288
by means of using used parts are not considered as being 289
maintained for the purpose of assisting or furthering the 290
manufacturing, selling, displaying, and offering for sale or 291
dealing in motor vehicles.
(X) "Operator" includes any person who drives or operates 293
a motor vehicle upon the public highways. 294
(Y) "Chauffeur" means any operator who operates a motor 296
vehicle, other than a taxicab, as an employee for hire; or any 297
operator whether or not the owner of a motor vehicle, other than 298
a taxicab, who operates such vehicle for transporting, for gain, 299
compensation, or profit, either persons or property owned by 300
another. Any operator of a motor vehicle who is voluntarily 301
involved in a ridesharing arrangement is not considered an 302
employee for hire or operating such vehicle for gain, 303
compensation, or profit.
(Z) "State" includes the territories and federal districts 305
of the United States, and the provinces of Canada. 306
(AA) "Public roads and highways" for vehicles includes all 308
public thoroughfares, bridges, and culverts. 309
(BB) "Manufacturer's number" means the manufacturer's 311
original serial number that is affixed to or imprinted upon the 312
chassis or other part of the motor vehicle. 313
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(CC) "Motor number" means the manufacturer's original 315
number that is affixed to or imprinted upon the engine or motor 316
of the vehicle. 317
(DD) "Distributor" means any person who is authorized by 319
a motor vehicle manufacturer to distribute new motor vehicles to 320
licensed motor vehicle dealers at an established place of 321
business that is used exclusively for the purpose of distributing 322
new motor vehicles to licensed motor vehicle dealers, except when 323
the distributor also is a new motor vehicle dealer, in which case 324
the distributor may distribute at the location of the 325
distributor's licensed dealership. 326
(EE) "Ridesharing arrangement" means the transportation of 328
persons in a motor vehicle where the transportation is incidental 330
to another purpose of a volunteer driver and includes ridesharing 331
arrangements known as carpools, vanpools, and buspools. 332
(FF) "Apportionable vehicle" means any vehicle that is 334
used or intended for use in two or more international 335
registration plan member jurisdictions that allocate or 336
proportionally register vehicles, that is used for the 337
transportation of persons for hire or designed, used, or 338
maintained primarily for the transportation of property, and that 339
meets any of the following qualifications:
(1) Is a power unit having a gross vehicle weight in 341
excess of twenty-six thousand pounds; 342
(2) Is a power unit having three or more axles, regardless 344
of the gross vehicle weight; 345
(3) Is a combination vehicle with a gross vehicle weight 347
in excess of twenty-six thousand pounds. 348
"Apportionable vehicle" does not include recreational 350
vehicles, vehicles displaying restricted plates, city pick-up and 351
delivery vehicles, buses used for the transportation of chartered 352
parties, or vehicles owned and operated by the United States, 353
this state, or any political subdivisions thereof. 354
(GG) "Chartered party" means a group of persons who 356
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contract as a group to acquire the exclusive use of a 357
passenger-carrying motor vehicle at a fixed charge for the 358
vehicle in accordance with the carrier's tariff, lawfully on file 359
with the United States department of transportation, for the 361
purpose of group travel to a specified destination or for a 362
particular itinerary, either agreed upon in advance or modified 363
by the chartered group after having left the place of origin. 364
(HH) "International registration plan" means a reciprocal 366
agreement of member jurisdictions that is endorsed by the 367
American association of motor vehicle administrators, and that 368
promotes and encourages the fullest possible use of the highway 369
system by authorizing apportioned registration of fleets of 370
vehicles and recognizing registration of vehicles apportioned in 371
member jurisdictions. 372
(II) "Restricted plate" means a license plate that has a 374
restriction of time, geographic area, mileage, or commodity, and 375
includes license plates issued to farm trucks under division (K) 376
of section 4503.04 of the Revised Code. 377
(JJ) "Gross vehicle weight," with regard to any commercial 379
car, trailer, semitrailer, or bus that is taxed at the rates 380
established under section 4503.042 of the Revised Code, means the 381
unladen weight of the vehicle fully equipped plus the maximum 382
weight of the load to be carried on the vehicle. 383
(KK) "Combined gross vehicle weight" with regard to any 385
combination of a commercial car, trailer, and semitrailer, that 386
is taxed at the rates established under section 4503.042 of the 387
Revised Code, means the total unladen weight of the combination 388
of vehicles fully equipped plus the maximum weight of the load to 389
be carried on that combination of vehicles. 390
(LL) "Chauffeured limousine" means a motor vehicle that is 393
designed to carry nine or fewer passengers and is operated for 394
hire on an hourly basis pursuant to a prearranged contract for 395
the transportation of passengers on public roads and highways 396
along a route under the control of the person hiring the vehicle 397
11
and not over a defined and regular route. "Prearranged contract" 398
means an agreement, made in advance of boarding, to provide 399
transportation from a specific location in a chauffeured 400
limousine at a fixed rate per hour or trip. "Chauffeured 401
limousine" does not include any vehicle that is used exclusively 402
in the business of funeral directing. 403
(NN)(MM) "Manufactured home" has the same meaning as in 406
division (C)(4) of section 3781.06 of the Revised Code. 407
(OO)(NN) "Acquired situs," with respect to a manufactured 410
home or a mobile home, means to become located in this state 411
pursuant to the issuance of a certificate of title for the home 412
and the placement of the home on real property, but does not 413
include the placement of a manufactured home or a mobile home in 414
the inventory of a new motor vehicle dealer or the inventory of a 415
manufacturer, remanufacturer, or distributor of manufactured or 416
mobile homes. 417
Sec. 4501.27. (A) Except as provided in division (B) of 427
this section, on and after September 13, 1997, the registrar of 428
motor vehicles, and any employee or contractor of the bureau of 429
motor vehicles, shall not knowingly disclose or otherwise make 430
available to any person or entity any personal information about 431
an individual that the bureau obtained in connection with a motor 432
vehicle record.
(B)(1) On and after September 13, 1997, the registrar, or 435
an employee or contractor of the bureau of motor vehicles, shall 436
disclose personal information, OTHER THAN SENSITIVE PERSONAL 437
INFORMATION, about an individual that the bureau obtained in 438
connection with a motor vehicle record, for use in connection 439
with any of the following matters to carry out the purposes of 440
any specified federal automobile-related act: 441
(a) Motor vehicle or driver safety and theft; 443
(b) Motor vehicle emissions; 445
(c) Motor vehicle product alterations, recalls, or 447
advisories; 448
12
(d) Performance monitoring of motor vehicles and dealers 451
by motor vehicle manufacturers;
(e) Removal of non-owner records from the original owner 454
records of motor vehicle manufacturers.
(2) In addition to the disclosure required under division 456
(B)(1) of this section, on and after September 13, 1997, the 458
registrar, or an employee or contractor of the bureau of motor 459
vehicles, may disclose personal information, OTHER THAN SENSITIVE 460
PERSONAL INFORMATION, about an individual that the bureau 461
obtained in connection with a motor vehicle record, as follows: 462
(a) For the use of a government agency, including, but not 465
limited to, a court or law enforcement agency, in carrying out
its functions, or for the use of a private person or entity 466
acting on behalf of an agency of this state, another state, the 467
United States, or a political subdivision of this state or 469
another state in carrying out its functions;
(b) For use in connection with matters regarding motor 472
vehicle or driver safety and theft; motor vehicle emissions;
motor vehicle product alterations, recalls, or advisories; 473
performance monitoring of motor vehicles, motor vehicle parts, 474
and dealers; motor vehicle market research activities, including, 476
but not limited to, survey research; and removal of non-owner 477
records from the original owner records of motor vehicle
manufacturers; 478
(c) For use in the normal course of business by a 480
legitimate business or an agent, employee, or contractor of a 481
legitimate business, but only for one of the following purposes: 482
(i) To verify the accuracy of personal information 484
submitted to the business, agent, employee, or contractor by an 485
individual;
(ii) If personal information submitted to the business, 488
agent, employee, or contractor by an individual is incorrect or
no longer is correct, to obtain the correct information, but only 489
for the purpose of preventing fraud, by pursuing legal remedies 490
13
against, or recovering on a debt or security interest against, 491
the individual.
(d) For use in connection with a civil, criminal, 493
administrative, or arbitral proceeding in a court or agency of 494
this state, another state, the United States, or a political 495
subdivision of this state or another state or before a 496
self-regulatory body, including, but not limited to, use in 497
connection with the service of process, investigation in
anticipation of litigation, or the execution or enforcement of a 498
judgment or order; 499
(e) Pursuant to an order of a court of this state, another 502
state, the United States, or a political subdivision of this
state or another state; 503
(f) For use in research activities or in producing 505
statistical reports, provided the personal information is not 506
published, redisclosed, or used to contact an individual; 507
(g) For use by an insurer, insurance support organization, 510
or self-insured entity, or by an agent, employee, or contractor
of that type of entity, in connection with any claims 511
investigation activity, anti-fraud activity, rating, or 512
underwriting;
(h) For use in providing notice to the owner of a towed, 515
impounded, immobilized, or forfeited vehicle;
(i) For use by any licensed private investigative agency 518
or licensed security service for any purpose permitted under
division (B)(2) of this section; 519
(j) For use by an employer or by the agent or insurer of 522
an employer to obtain or verify information relating to the
holder of a commercial driver's license or permit that is 523
required under the "Commercial Motor Vehicle Safety Act of 1986," 524
100 Stat. 3207-170, 49 U.S.C. 2701, et seq., as now or hereafter 525
amended;
(k) For use in connection with the operation of a private 528
toll transportation facility;
14
(l) For any use not otherwise identified in division 530
(B)(2) of this section that is in response to a request for 532
individual motor vehicle records, if the bureau of motor vehicles 533
has provided both of the following in a clear and conspicuous 534
manner on forms for the issuance or renewal of driver's or 535
commercial driver's licenses, motor vehicle certificates of 536
title, motor vehicle registrations and identification license 537
plates, and identification cards:
(i) Notice that personal information collected by the 540
bureau on or in relation to the forms may be disclosed to any
person;
(ii) An opportunity for an individual who WHOSE PERSONAL 542
INFORMATION IS REQUESTED completes and submits any of the forms 544
TO THE REGISTRAR OR DEPUTY REGISTRAR A FORM PRESCRIBED BY THE 545
REGISTRAR BY RULE GIVING EXPRESS CONSENT to prohibit SUCH 546
disclosures.
(m) For bulk distribution for surveys, marketing, or 548
solicitations, if the bureau of motor vehicles has implemented 549
methods and procedures to ensure all of the following: 550
(i) That individuals are provided, in a clear and 552
conspicuous manner, an opportunity to prohibit uses of this 554
nature and, when a transaction is performed in person, the 555
individual is given verbal notice that personal information 556
collected by the bureau on or in relation to the forms for the 557
issuance or renewal of a driver's or commercial driver's license, 558
a motor vehicle certificate of title, a motor vehicle
registration and license plates, and an identification card may 559
be disclosed for uses of this nature; 560
(ii) The information will be used, rented, or sold solely 562
for bulk distribution for surveys, marketing, or solicitations, 563
and that those surveys, marketing, and solicitations will not be 564
directed at an individual who has requested in a timely fashion 565
that the surveys, marketing, and solicitations not be directed at 566
that individual WHOSE PERSONAL INFORMATION IS REQUESTED COMPLETES 567
15
AND SUBMITS TO THE REGISTRAR OR A DEPUTY REGISTRAR A FORM 568
PRESCRIBED BY THE REGISTRAR BY RULE GIVING EXPRESS CONSENT TO
SUCH DISCLOSURES. 569
(n) For use by a person, state, or state agency that 571
requests the information, if the person, state, or state agency 572
demonstrates that it has obtained the written consent of the 573
individual to whom the information pertains; 574
(o) For any other use specifically authorized by law that 577
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 580
SECTION, THE REGISTRAR, OR AN EMPLOYEE OR CONTRACTOR OF THE 582
BUREAU OF MOTOR VEHICLES, MAY DISCLOSE SENSITIVE PERSONAL 583
INFORMATION ABOUT AN INDIVIDUAL THAT THE BUREAU OBTAINED IN 584
CONNECTION WITH A MOTOR VEHICLE RECORD, ONLY IF EITHER OF THE 585
FOLLOWING CONDITIONS ARE SATISFIED:
(i) THE INDIVIDUAL WHOSE PERSONAL INFORMATION IS REQUESTED 587
COMPLETES AND SUBMITS TO THE REGISTRAR OR DEPUTY REGISTRAR A FORM 588
PRESCRIBED BY THE REGISTRAR BY RULE GIVING EXPRESS CONSENT TO 589
SUCH DISCLOSURE; 590
(ii) THE DISCLOSURE IS FOR ONE OR MORE OF THE PURPOSES 592
DESCRIBED IN DIVISION (B)(2)(a), (d), (g), OR (j) OF THIS 594
SECTION.
(b) DIVISION (B)(3)(a) OF THIS SECTION DOES NOT APPLY TO 597
THE DISCLOSURE OF SENSITIVE PERSONAL INFORMATION THAT IS SUBJECT 598
TO SECTION 4501.15 OR 4507.53 OF THE REVISED CODE. 599
(C) On and after September 13, 1997, an authorized 601
recipient of personal information about an individual that the 602
bureau of motor vehicles obtained in connection with a motor 603
vehicle record, other than a recipient under division (B)(2)(l) 604
or (m) of this section, may resell or redisclose the personal 606
information only for a use permitted under division (B)(1), 607
(B)(2)(a) to (k), (B)(2)(n), or (B)(2)(o) of this section. On 608
and after September 13, 1997, an authorized recipient of personal 609
16
information about an individual under division (B)(2)(l) of this 611
section may resell or redisclose the information for any purpose. 612
On and after September 13, 1997, an authorized recipient of 613
personal information under division (B)(2)(m) of this section may 616
resell or redisclose the information as specified pursuant to
that division. On and after September 13, 1997, an authorized 618
recipient of personal information about an individual under
division (B) of this section, other than a recipient under 621
division (B)(2)(l) of this section, that resells or rediscloses 622
any personal information covered by this section must keep for a 623
period of five years a record that identifies each person or 624
entity that receives any of the personal information and the
permitted purpose for which the information is to be used, and 625
must make all such records available to the registrar of motor 626
vehicles upon the registrar's request. 627
(D) The registrar may establish and carry out procedures 630
under which the registrar or the registrar's agents, upon receipt 632
of a request for personal information on or after September 13, 633
1997, that does not satisfy any of the criteria for disclosure of 634
the information that are set forth in division (B)(1) or (2) of 635
this section, may notify the individual about whom the 636
information was requested, by regular mail, that the request was 637
made. Any procedures so adopted shall provide that, if the 639
registrar or an agent of the registrar mails the notice to the
individual, the registrar or agent shall include with the notice 640
a copy of the request and conspicuously shall include in the 641
notice a statement that the information will not be released 642
unless the individual waives the individual's right to privacy 643
regarding the information that is granted under this section.
(E) The registrar of motor vehicles may adopt any forms 646
and rules, consistent with but no more restrictive than the
requirements of Public Law No. 130-322, Title XXX, 18 U.S.C. 651
2721-2725, that are necessary to carry out the registrar's duties 652
under this section on and after September 13, 1997. 653
17
(F) Divisions (A) to (E) of this section do not apply to 656
the release of any personal information prior to September 13, 657
1997.
(G) As used in this section: 659
(1) "Motor vehicle record" means a record that pertains to 661
a motor vehicle driver's or commercial driver's license or 662
permit, a motor vehicle certificate of title, a motor vehicle 663
registration or motor vehicle identification license plates, or 664
an identification card issued by the bureau of motor vehicles. 665
(2) "Person" has the same meaning as in section 1.59 of 667
the Revised Code and does not include this state, another state, 669
or an agency of this state or another state. 670
(3) "Personal information" means information that 672
identifies an individual, including, but not limited to, an 673
individual's photograph or digital image, social security number, 675
driver or driver's license identification number, name, telephone 676
number, or medical or disability information, or an individual's
address other than the five-digit zip code number. "Personal 678
information" does not include information pertaining to a
vehicular accident, driving or traffic violation, or driver's 679
status.
(4) "Specified federal automobile-related act" means the 682
"automobile information disclosure act," 72 Stat. 325, 15 U.S.C. 687
1231-1233, the "Motor Vehicle Information and Cost Saving Act," 692
86 Stat. 947, 15 U.S.C. 1901, et seq., the "National Traffic and 696
Motor Vehicle Safety Act of 1966," 80 Stat. 718, 15 U.S.C. 1381, 701
et seq., the "Anti-car Theft Act of 1992," 106 Stat. 3384, 15 704
U.S.C. 2021, et seq., and the "Clean Air Act," 69 Stat. 322, 42 708
U.S.C. 7401, et seq., all as now or hereafter amended. 709
(5) "SENSITIVE PERSONAL INFORMATION" MEANS AN INDIVIDUAL'S 711
PHOTOGRAPH OR DIGITAL IMAGE, SOCIAL SECURITY NUMBER, OR MEDICAL 712
OR DISABILITY INFORMATION. 713
Sec. 4503.07. In lieu of the schedule of rates for 722
commercial cars fixed in section 4503.04 of the Revised Code, the 723
18
fee shall be ten dollars for each church bus used exclusively to 724
transport members of a church congregation to and from church 725
services or church functions or to transport children and their 726
authorized supervisors to and from any camping function sponsored 727
by a nonprofit, tax-exempt, charitable or philanthropic 728
organization. A church within the meaning of this section is an 729
organized religious group, duly constituted with officers and a 730
board of trustees, regularly holding religious services, and 731
presided over or administered to by a properly accredited
ecclesiastical officer, whose name and standing is published in 732
the official publication of the officer's religious group. 733
The application for registration of such bus shall be 735
accompanied by both of the following, AS APPLICABLE: 736
(A) An affidavit, prescribed by the registrar of motor 738
vehicles and signed by either the senior pastor, minister, 739
priest, or rabbi of the church making application or by the head 740
of the governing body of the church making application, stating 741
that the bus is to be used exclusively to transport members of a 742
church congregation to and from church services or church 744
functions or to transport children and their authorized 745
supervisors to and from any camping function sponsored by a 746
nonprofit, tax-exempt, charitable, or philanthropic organization; 747
(B) A certificate from the state highway patrol stating 749
that the bus involved is safe for operation in accordance with 750
such standards as are prescribed by the state highway patrol IF 752
THE BUS MEETS EITHER OF THE FOLLOWING:
(1) IT ORIGINALLY WAS DESIGNED BY THE MANUFACTURER TO 754
TRANSPORT SIXTEEN OR MORE PASSENGERS, INCLUDING THE DRIVER; 755
(2) IT HAS A GROSS VEHICLE WEIGHT RATING OF TEN THOUSAND 757
ONE POUNDS OR MORE. 758
The form of the license plate and the manner of its 760
attachment to the vehicle shall be prescribed by the registrar. 761
Sec. 4506.01. As used in this chapter: 772
(A) "Alcohol concentration" means the concentration of 774
19
alcohol in a person's blood, breath, or urine. When expressed as 775
a percentage, it means grams of alcohol per the following: 776
(1) One hundred milliliters of blood; 778
(2) Two hundred ten liters of breath; 780
(3) One hundred milliliters of urine. 782
(B) "School bus" has the same meaning as in section 784
4511.01 of the Revised Code. 785
(C) "Commercial driver's license" means a license issued 787
in accordance with this chapter that authorizes an individual to 788
drive a commercial motor vehicle. 789
(D) "Commercial driver license information system" means 791
the information system established pursuant to the requirements 792
of the "Commercial Motor Vehicle Safety Act of 1986," 100 Stat. 793
3207-171, 49 U.S.C.A. App. 2701. 794
(E) Except when used in section 4506.25 of the Revised 796
Code, "commercial motor vehicle" means any motor vehicle designed 799
or used to transport persons or property that meets any of the 800
following qualifications:
(1) Any combination of vehicles with a combined gross 802
vehicle weight rating of twenty-six thousand one pounds or more, 803
provided the gross vehicle weight rating of the vehicle or 804
vehicles being towed is in excess of ten thousand pounds; 805
(2) Any single vehicle with a gross vehicle weight rating 807
of twenty-six thousand one pounds or more, or any such vehicle 808
towing a vehicle having a gross vehicle weight rating that is not 809
in excess of ten thousand pounds; 810
(3) Any single vehicle or combination of vehicles that is 812
not a class A or class B vehicle, but that either is designed to 813
transport sixteen or more passengers including the driver, or is 814
placarded for hazardous materials; 815
(4) Any school bus with a gross vehicle weight rating of 818
less than twenty-six thousand one pounds that is designed to 819
transport fewer than sixteen passengers including the driver; 820
(5) Is transporting hazardous materials for which 822
20
placarding is required by regulations adopted under the 823
"Hazardous Materials Transportation Act," 88 Stat. 2156 (1975), 824
49 U.S.C.A. 1801, as amended; 825
(6) Any single vehicle or combination of vehicles that is 827
designed to be operated and to travel on a public street or 828
highway and is considered by the federal highway administration 829
to be a commercial motor vehicle, including, but not limited to, 830
a motorized crane, a vehicle whose function is to pump cement, a 831
rig for drilling wells, and a portable crane.
(F) "Controlled substance" means all of the following: 833
(1) Any substance classified as a controlled substance 835
under the "Controlled Substances Act," 80 Stat. 1242 (1970), 21 836
U.S.C.A. 802(6), as amended; 837
(2) Any substance included in schedules I through V of 21 839
C.F.R. part 1308, as amended; 840
(3) Any drug of abuse. 842
(G) "Conviction" means an unvacated adjudication of guilt 844
or a determination that a person has violated or failed to comply 845
with the law EITHER in a court of original jurisdiction, or BY an 847
authorized administrative tribunal, AGENCY, OR OFFICER, an 848
unvacated forfeiture of bail or collateral deposited to secure 849
the person's appearance in court, the payment of a fine or court 850
cost, or violation of a condition of release without bail, 851
regardless of whether or not the penalty is rebated, suspended, 852
or probated.
(H) "Disqualification" means withdrawal of the privilege 854
to drive a commercial motor vehicle. 855
(I) "Drive" means to drive, operate, or be in physical 857
control of a motor vehicle. 858
(J) "Driver" means any person who drives, operates, or is 860
in physical control of a commercial motor vehicle or is required 861
to have a commercial driver's license. 862
(K) "Driver's license" means a license issued by the 864
bureau of motor vehicles that authorizes an individual to drive. 865
21
(L) "Drug of abuse" means any controlled substance, 867
dangerous drug as defined in section 4729.01 of the Revised Code, 868
or over-the-counter medication that, when taken in quantities 869
exceeding the recommended dosage, can result in impairment of 870
judgment or reflexes. 871
(M) "Employer" means any person, including the federal 873
government, any state, and a political subdivision of any state, 874
that owns or leases a commercial motor vehicle or assigns a 875
person to drive such a motor vehicle. 876
(N) "Endorsement" means an authorization on a person's 878
commercial driver's license that is required to permit the person 879
to operate a specified type of commercial motor vehicle. 880
(O) "Felony" means any offense under federal or state law 882
that is punishable by death or specifically classified as a 883
felony under the law of this state, regardless of the penalty 884
that may be imposed. 885
(P) "Foreign jurisdiction" means any jurisdiction other 887
than a state. 888
(Q) "Gross vehicle weight rating" means the value 890
specified by the manufacturer as the maximum loaded weight of a 891
single or a combination vehicle. The gross vehicle weight rating 892
of a combination vehicle is the gross vehicle weight rating of 893
the power unit plus the gross vehicle weight rating of each towed 894
unit. 895
(R) "Hazardous materials" means materials identified as 897
such under regulations adopted under the "Hazardous Materials 898
Transportation Act," 88 Stat. 2156 (1975), 49 U.S.C.A. 1801, as 899
amended. 900
(S) "Motor vehicle" has the same meaning as in section 902
4511.01 of the Revised Code. 903
(T) Except when used in sections 4506.25 and 4506.26 of 905
the Revised Code, "out-of-service order" means a temporary 906
prohibition against driving a commercial motor vehicle issued 907
under this chapter or a similar law of another state or of a 908
22
foreign jurisdiction. 909
(U) "Residence" means any person's residence determined in 911
accordance with standards prescribed in rules adopted by the 913
registrar.
(V) "Temporary residence" means residence on a temporary 915
basis as determined by the registrar in accordance with standards 916
prescribed in rules adopted by the registrar. 917
(W) "Serious traffic violation" means a conviction arising 919
from the operation of a commercial motor vehicle that involves 920
any of the following: 921
(1) A single charge of any speed that is in excess of the 923
posted speed limit by an amount specified by the United States 924
secretary of transportation and that the director of public 925
safety designates as such by rule; 926
(2) Violation of section 4511.20, 4511.201, or 4511.202 of 928
the Revised Code or any similar ordinance or resolution, or of 929
any similar law of another state or political subdivision of 930
another state; 931
(3) Violation of a law of this state or an ordinance or 933
resolution relating to traffic control, other than a parking 934
violation, or of any similar law of another state or political 935
subdivision of another state, that results in a fatal accident; 936
(4) Violation of any other law of this state or an 938
ordinance or resolution relating to traffic control, other than a 939
parking violation, that is determined to be a serious traffic 940
violation by the United States secretary of transportation and 941
the director designates as such by rule. 942
(X) "State" means a state of the United States and 944
includes the District of Columbia. 945
(Y) "Tank vehicle" means any commercial motor vehicle that 947
is designed to transport any liquid AND HAS A MAXIMUM CAPACITY 948
GREATER THAN ONE HUNDRED NINETEEN GALLONS or IS DESIGNED TO 949
TRANSPORT gaseous materials AND HAS A WATER CAPACITY GREATER THAN 950
ONE THOUSAND POUNDS within a tank that is either permanently or 952
23
temporarily attached to the vehicle or its chassis, but. "TANK 953
VEHICLE" does not include any EITHER OF THE FOLLOWING: 954
(1) ANY portable tank having a rated capacity of less than 957
one thousand gallons;
(2) TANKS USED EXCLUSIVELY AS A FUEL TANK FOR THE MOTOR 959
VEHICLE TO WHICH IT IS ATTACHED. 960
(Z) "United States" means the fifty states and the 962
District of Columbia. 963
(AA) "Vehicle" has the same meaning as in section 4511.01 965
of the Revised Code. 966
(BB) "Peace officer" has the same meaning as in section 968
2935.01 of the Revised Code. 969
(CC) "PORTABLE TANK" MEANS A LIQUID OR GASEOUS PACKAGING 971
DESIGNED PRIMARILY TO BE LOADED ON OR TEMPORARILY ATTACHED TO A 972
VEHICLE AND EQUIPPED WITH SKIDS, MOUNTINGS, OR ACCESSORIES TO 973
FACILITATE HANDLING OF THE TANK BY MECHANICAL MEANS. 974
Sec. 4506.011. FOR PURPOSES OF THIS CHAPTER, THE ACTUAL 976
GROSS WEIGHT OF A VEHICLE OR COMBINATION OF VEHICLES MAY BE USED 977
IN LIEU OF A GROSS VEHICLE WEIGHT RATING TO DETERMINE WHETHER A 978
VEHICLE OR COMBINATION OF VEHICLES QUALIFIES AS A COMMERCIAL 979
MOTOR VEHICLE IF THE GROSS VEHICLE WEIGHT RATING SPECIFIED BY THE 980
MANUFACTURER FOR THE VEHICLE OR COMBINATION OF VEHICLES IS NOT 981
DETERMINABLE, OR IF THE MANUFACTURER OF THE VEHICLE HAS NOT 982
SPECIFIED A GROSS VEHICLE WEIGHT RATING. 983
Sec. 4506.09. (A) The registrar of motor vehicles, 992
subject to approval by the director of public safety, shall adopt 993
rules conforming with applicable standards adopted by the federal 994
highway administration as regulations under the "Commercial Motor 995
Vehicle Safety Act of 1986," 100 Stat. 3207-171, 49 U.S.C.A. App. 996
2701. The rules shall establish requirements for the 997
qualification and testing of persons applying for a commercial 998
driver's license, which shall be in addition to other 999
requirements established by this chapter. Except as provided in 1,000
division (B) of this section, the highway patrol OR ANY OTHER 1,001
24
EMPLOYEE OF THE DEPARTMENT OF PUBLIC SAFETY THE REGISTRAR 1,002
AUTHORIZES shall supervise and conduct the testing of persons 1,003
applying for a commercial driver's license. 1,004
(B) The director may adopt rules, in accordance with 1,006
Chapter 119. of the Revised Code and applicable requirements of 1,007
the federal highway administration, authorizing the skills test 1,008
specified in this section to be administered by any person, by an 1,009
agency of this or another state, or by an agency, department, or 1,010
instrumentality of local government and establishing a maximum 1,011
fee that may be charged by the other party, provided the skills 1,012
test is the same that otherwise would be administered by this 1,013
state and that the other party has entered into an agreement with 1,014
the director that includes, without limitation, all of the 1,015
following: 1,016
(1) Allows the director or his THE DIRECTOR'S 1,018
representative and the federal highway administration or its 1,020
representative to conduct random examinations, inspections, and 1,021
audits of the other party without prior notice; 1,022
(2) Requires the director or his THE DIRECTOR'S 1,024
representative to conduct on-site inspections of the other party 1,026
at least annually;
(3) Requires that all examiners of the other party meet 1,028
the same qualification and training standards as examiners of the 1,029
department of public safety, to the extent necessary to conduct 1,030
skills tests in the manner required by 49 C.F.R. 383.110 through 1,031
383.135; 1,032
(4) Requires either that state employees take, at least 1,034
annually and as though the employees were test applicants, the 1,035
tests actually administered by the other party, that the director 1,036
test a sample of drivers who were examined by the other party to 1,037
compare the test results, or that state employees accompany a 1,038
test applicant during an actual test; 1,039
(5) Reserves to this state the right to take prompt and 1,041
appropriate remedial action against testers of the other party if 1,042
25
the other party fails to comply with standards of this state or 1,043
federal standards for the testing program or with any other terms 1,044
of the contract. 1,045
(C) The director shall enter into an agreement with the 1,047
department of education authorizing the skills test specified in 1,048
this section to be administered by the department at any location 1,049
operated by the department for purposes of training and testing 1,050
school bus drivers, provided that the agreement between the 1,051
director and the department complies with the requirements of 1,052
division (B) of this section. Skills tests administered by the 1,053
department shall be limited to persons applying for a commercial 1,054
driver's license with a school bus endorsement. 1,055
(D) The director shall adopt rules, in accordance with 1,057
Chapter 119. of the Revised Code, authorizing waiver of the 1,058
skills test specified in this section for any applicant for a 1,059
commercial driver's license who meets all of the following 1,060
requirements: 1,061
(1) Certifies that, during the two-year period immediately 1,063
preceding his application for a commercial driver's license, all 1,064
of the following apply: 1,065
(a) He THE APPLICANT has not had more than one license; 1,067
(b) He THE APPLICANT has not had any license suspended, 1,069
revoked, or canceled; 1,071
(c) He THE APPLICANT has not had any convictions for any 1,073
type of motor vehicle for the offenses for which disqualification 1,075
is prescribed in section 4506.16 of the Revised Code; 1,076
(d) He THE APPLICANT has not had any violation of a state 1,078
or local law relating to motor vehicle traffic control other than 1,080
a parking violation arising in connection with any traffic 1,081
accident and has no record of an accident in which he THE 1,082
APPLICANT was at fault.
(2) Certifies and also provides evidence that he THE 1,084
APPLICANT is regularly employed in a job requiring him to operate 1,086
OPERATION OF a commercial motor vehicle and that one of the 1,088
26
following applies:
(a) He THE APPLICANT has previously taken and passed a 1,090
skills Test given by a state with a classified licensing and 1,092
testing system in which the test was behind-the-wheel in a 1,093
representative vehicle for his THE APPLICANT'S commercial 1,094
driver's license classification; 1,095
(b) He THE APPLICANT has regularly operated, for at least 1,097
two years immediately preceding his application for a commercial 1,099
driver's license, a vehicle representative of the commercial 1,100
motor vehicle he THE APPLICANT operates or expects to operate. 1,101
(E)(1) The department of public safety may charge and 1,103
collect a divisible fee of fifty dollars for each skills test 1,104
given as part of a commercial driver's license examination. The 1,105
fee shall consist of ten dollars for the pre-trip inspection 1,106
portion of the test, ten dollars for the off-road maneuvering 1,107
portion of the test, and thirty dollars for the on-road portion 1,108
of the test.
(2) The director may require an applicant for a commercial 1,110
driver's license who schedules an appointment with the highway 1,111
patrol to take all portions of the skills test, to pay an 1,112
appointment fee of fifty dollars at the time he schedules OF 1,113
SCHEDULING the appointment. If the applicant appears at the time 1,114
and location specified for the appointment and takes all portions 1,115
of the skills test during that appointment, the appointment fee 1,116
shall serve as the skills test fee. If the applicant schedules 1,117
an appointment with the highway patrol to take all portions of 1,118
the skills test and fails to appear at the time and location
specified for the appointment, no portion of the appointment fee 1,119
shall be refunded. If the applicant schedules an appointment 1,120
with the highway patrol to take all portions of the skills test 1,122
and appears at the time and location specified for the 1,123
appointment, but declines or is unable to take all portions of 1,124
the skills test, the appointment fee shall serve as the skills
test fee. If the applicant cancels a scheduled appointment 1,126
27
forty-eight hours or more prior to the time of the appointment 1,127
time, the applicant shall not forfeit his THE appointment fee. 1,129
An applicant for a commercial driver's license who 1,131
schedules an appointment with the highway patrol to take one or 1,132
more, but not all, portions of the skills test shall not be 1,133
required to pay any appointment fee when scheduling such an 1,134
appointment.
(3) All fees collected under division (E) of this section 1,136
shall be deposited in the state highway safety fund. 1,137
(F) As used in this section, "skills test" means a test of 1,139
an applicant's ability to drive the type of commercial motor 1,140
vehicle for which he THE APPLICANT seeks a commercial driver's 1,141
license by having the applicant drive such a motor vehicle while 1,143
under the supervision of an authorized state driver's license 1,144
examiner or tester. 1,145
Sec. 4506.13. (A) The registrar may authorize the highway 1,154
patrol OR ANY OTHER EMPLOYEE OF THE DEPARTMENT OF PUBLIC SAFETY 1,155
to issue an examiner's commercial examinations passed form to an 1,157
applicant who has passed the required examinations. The
examiner's commercial examinations passed form shall be used, 1,158
once it has been validated, to indicate the examinations taken 1,159
and passed by the commercial driver's license applicant. 1,160
(B) Before issuing a commercial driver's license, the 1,162
registrar of motor vehicles shall obtain information about the 1,163
applicant's driving record through the commercial driver license 1,164
information system, when available, and the national driver 1,165
register. If the record check reveals information that the 1,166
applicant claims is outdated, contested, or invalid, the 1,167
registrar shall deny the application until the applicant can 1,168
resolve the conflict. 1,169
Within ten days after issuing a commercial driver's 1,171
license, the registrar shall notify the commercial driver license 1,172
information system, when available, of that fact and shall 1,173
provide all information required to ensure identification of the 1,174
28
licensee. 1,175
Sec. 4506.16. (A) Whoever violates division (A) of 1,184
section 4506.15 of the Revised Code or a similar law of another 1,185
state or a foreign jurisdiction, immediately shall be placed 1,186
out-of-service for twenty-four hours, in addition to any 1,187
disqualification required by this section and any other penalty 1,188
imposed by the Revised Code. 1,189
(B) The registrar of motor vehicles shall disqualify any 1,191
person from operating a commercial motor vehicle as follows: 1,192
(1) Upon a first conviction for a violation of divisions 1,194
(B) to (G) of section 4506.15 of the Revised Code or a similar 1,195
law of another state or a foreign jurisdiction, one year, in 1,196
addition to any other penalty imposed by the Revised Code; 1,197
(2) Upon a first conviction for a violation of division 1,199
(H) of section 4506.15 of the Revised Code or a similar law of 1,200
another state or a foreign jurisdiction, three years, in addition 1,201
to any other penalty imposed by the Revised Code; 1,202
(3) Upon a second conviction for a violation of divisions 1,204
(B) to (G) of section 4506.15 of the Revised Code or a similar 1,205
law of another state or a foreign jurisdiction, or any 1,206
combination of such violations arising from two or more separate 1,207
incidents, the person shall be disqualified for life or for any 1,208
other period of time as determined by the United States secretary 1,209
of transportation and designated by the director of public safety 1,210
by rule, in addition to any other penalty imposed by the Revised 1,211
Code; 1,212
(4) Upon conviction of a violation of division (E) of 1,214
section 4506.15 of the Revised Code or a similar law of another 1,215
state or a foreign jurisdiction in connection with the 1,216
manufacture, distribution, or dispensing of a controlled 1,217
substance or the possession with intent to manufacture, 1,218
distribute, or dispense a controlled substance, the person shall 1,219
be disqualified for life, in addition to any other penalty 1,220
imposed by the Revised Code; 1,221
29
(5) Upon conviction of two serious traffic violations 1,223
involving the operation of a commercial motor vehicle by the 1,224
person and arising from separate incidents occurring in a 1,225
three-year period, the person shall be disqualified for sixty 1,226
days, in addition to any other penalty imposed by the Revised 1,227
Code; 1,228
(6) Upon conviction of three serious traffic violations 1,230
involving the operation of a commercial motor vehicle by the 1,231
person and arising from separate incidents occurring in a 1,232
three-year period, the person shall be disqualified for one 1,233
hundred twenty days, in addition to any other penalty imposed by 1,234
the Revised Code. 1,235
(C) For the purposes of this section, conviction of a 1,237
violation for which disqualification is required may be evidenced 1,238
by any of the following: 1,239
(1) A judgment entry of a court of competent jurisdiction 1,241
in this or any other state; 1,242
(2) An administrative order of a state agency of a THIS OR 1,244
ANY OTHER state other than Ohio having statutory jurisdiction 1,246
over commercial drivers;
(3) A computer record obtained from or through the 1,248
commercial driver's license information system; 1,249
(4) A computer record obtained from or through a state 1,251
agency of a THIS OR ANY OTHER state other than Ohio having 1,253
statutory jurisdiction over commercial drivers or the records of 1,254
commercial drivers.
(D) Any record described in division (C) of this section 1,256
shall be deemed to be self-authenticating when it is received by 1,257
the bureau of motor vehicles. 1,258
(E) When disqualifying a driver, the registrar shall cause 1,260
the records of the bureau to be updated to reflect that action 1,261
within ten days after it occurs. 1,262
(F) The registrar immediately shall notify a driver who is 1,264
finally convicted of any offense described in section 4506.15 of 1,265
30
the Revised Code or division (B)(4), (5), or (6) of this section 1,266
and thereby is subject to disqualification, of the offense or 1,267
offenses involved, of the length of time for which 1,268
disqualification is to be imposed, and that the driver may 1,269
request a hearing within thirty days of the mailing of the notice 1,270
to show cause why the driver should not be disqualified from 1,271
operating a commercial motor vehicle. If a request for such a 1,273
hearing is not made within thirty days of the mailing of the 1,274
notice, the order of disqualification is final. The registrar 1,275
may designate hearing examiners who, after affording all parties 1,276
reasonable notice, shall conduct a hearing to determine whether 1,277
the disqualification order is supported by reliable evidence. 1,278
The registrar shall adopt rules to implement this division. 1,279
(G) Any person who is disqualified from operating a 1,281
commercial motor vehicle under this section may apply to the 1,282
registrar for a driver's license to operate a motor vehicle other 1,283
than a commercial motor vehicle, provided the person's commercial 1,284
driver's license is not otherwise suspended or revoked. A person 1,285
whose commercial driver's license is suspended or revoked shall 1,286
not apply to the registrar for or receive a driver's license 1,287
under Chapter 4507. of the Revised Code during the period of 1,288
suspension or revocation. 1,289
Sec. 4507.10. (A) The registrar of motor vehicles shall 1,302
examine every applicant for a temporary instruction permit, 1,303
driver's license, or motorcycle operator's endorsement before 1,305
issuing any such permit, license, or endorsement. 1,306
(B) Except as provided in section 4507.12 of the Revised 1,308
Code, the registrar may waive the examination of any person 1,309
applying for the renewal of a driver's license or motorcycle 1,310
operator's endorsement issued under this chapter, provided that 1,311
IF the applicant PERSON presents AND SURRENDERS either an 1,313
unexpired license or endorsement or a license or endorsement 1,314
which has expired not more than six months prior to the date of 1,315
application. EXCEPT AS PROVIDED IN SECTION 4507.12 OF THE 1,316
31
REVISED CODE, THE REGISTRAR MAY WAIVE THE EXAMINATION OF ANY
PERSON APPLYING FOR A DRIVER'S LICENSE IF THE PERSON PRESENTS AND 1,317
SURRENDERS A VALID LICENSE ISSUED BY ANOTHER STATE AND THE 1,318
LICENSE IS UNEXPIRED OR EXPIRED NOT MORE THAN SIX MONTHS. 1,319
(C) The registrar may waive the examination of any person 1,321
applying for the renewal of such a license or endorsement who is 1,322
on active duty in the armed forces of the United States or in 1,324
service with the peace corps, volunteers in service to America, 1,325
or the foreign service of the United States if the applicant has 1,326
no physical or mental disabilities that would affect the 1,327
applicant's driving ability, had a valid Ohio driver's or 1,328
commercial driver's license at the time the applicant commenced 1,330
such active duty or service, and the applicant's license is not 1,331
under suspension or revocation by this state or any other 1,332
jurisdiction. The registrar also may waive the examination of 1,333
the spouse or a dependent of any such person on active duty or in
service if the applicant has no physical or mental disabilities 1,334
that would affect his THE APPLICANT'S driving ability, was an 1,336
Ohio licensee at the time the person commenced the active duty or 1,337
service, and if the person's active duty caused the spouse or
dependent to relocate outside of this state during the period of 1,338
the active duty or service. 1,339
(D) Except as provided in section 4507.12 of the Revised 1,341
Code, the registrar may waive the examination of any person 1,342
applying for such a license or endorsement who meets any of the 1,343
following sets of qualifications: 1,344
(1) Has been on active duty in the armed forces of the 1,347
United States, presents an honorable discharge certificate 1,348
showing that the applicant has no physical or mental disabilities 1,349
that would affect the applicant's driving ability, had a valid 1,351
Ohio driver's or commercial driver's license at the time the 1,353
applicant commenced his THE APPLICANT'S active duty, is not under 1,354
a license suspension or revocation by this state or any other 1,355
jurisdiction, and makes the application not more than six months 1,356
32
after the date of discharge or separation;. 1,358
(2) Was in service with the peace corps, volunteers in 1,360
service to America, or the foreign service of the United States; 1,361
presents such evidence of his THE APPLICANT'S service as the 1,362
registrar prescribes showing that the applicant has no physical 1,364
or mental disabilities that would affect THE applicant's driving 1,365
ability; had a valid Ohio driver's or commercial driver's license 1,367
at the time the applicant commenced his THE APPLICANT'S service, 1,369
is not under a license suspension or revocation by this state or 1,370
any other jurisdiction, and makes the application no more than 1,371
six months after leaving the peace corps, volunteers, or foreign 1,372
service.
(3) Is the spouse or a dependent of a person on active 1,374
duty in the armed forces of the United States, or in service with 1,375
the peace corps, volunteers in service to America, or the foreign 1,376
service of the United States; presents such evidence as the 1,377
registrar prescribes showing that the applicant has no physical 1,378
or mental disabilities that would affect his driving ability;
presents such evidence as the registrar prescribes showing that 1,379
the applicant relocated outside of Ohio as a result of the 1,380
person's active duty or service; was an Ohio licensee at the time 1,381
of the relocation; and makes the application not more than six 1,382
months after returning to Ohio.
Sec. 4507.101. (A) THE REGISTRAR OF MOTOR VEHICLES MAY 1,384
ENTER INTO A RECIPROCAL ARRANGEMENT WITH ANOTHER COUNTRY FOR 1,385
RECIPROCAL RECOGNITION OF DRIVER'S LICENSES IF BOTH OF THE 1,387
FOLLOWING CONDITIONS ARE SATISFIED:
(1) THE COUNTRY GRANTS THE SAME OR SIMILAR EXEMPTIONS 1,389
RELATING TO DRIVERS' LICENSES TO PERSONS HOLDING VALID DRIVER'S 1,390
LICENSES ISSUED BY THIS STATE; 1,391
(2) THE COUNTRY CHARGES ONLY REASONABLE FEES FOR DRIVER'S 1,393
LICENSE APPLICATIONS, AS DETERMINED BY THE REGISTRAR IN THE 1,394
REGISTRAR'S SOLE DISCRETION, AND THE FEES ARE CHARGED IMPARTIALLY 1,395
TO ALL APPLICANTS. 1,396
33
(B) THE REGISTRAR SHALL NOT ENTER INTO A RECIPROCAL 1,398
ARRANGEMENT, AND SHALL CANCEL ANY SUCH ARRANGEMENT PREVIOUSLY 1,399
ENTERED INTO, IF THE COUNTRY DOES NOT COMPLY WITH DIVISIONS 1,400
(A)(1) AND (2) OF THIS SECTION. 1,401
(C) EXCEPT AS PROVIDED IN SECTION 4507.12 OF THE REVISED 1,403
CODE, THE REGISTRAR MAY WAIVE THE EXAMINATION OF ANY PERSON 1,404
APPLYING FOR A DRIVER'S LICENSE IF THE PERSON PRESENTS A VALID, 1,405
UNEXPIRED LICENSE ISSUED BY A COUNTRY WITH WHICH THE REGISTRAR 1,406
HAS A RECIPROCAL ARRANGEMENT. 1,407
(D) THE REGISTRAR MAY PRESCRIBE THE CONDITIONS UPON WHICH 1,409
A DRIVER'S LICENSE MAY BE ISSUED OR RETAINED UNDER THIS SECTION. 1,410
THE REGISTRAR SHALL NOT PROHIBIT AN APPLICANT FROM RETAINING THE 1,411
FOREIGN LICENSE AFTER THE REGISTRAR OR DEPUTY REGISTRAR ISSUING 1,412
THE OHIO LICENSE VIEWS AND AUTHENTICATES THE FOREIGN LICENSE. 1,413
Sec. 4507.11. The registrar of motor vehicles shall 1,422
conduct all necessary examinations of applicants for temporary 1,423
instruction permits, drivers' licenses, or motorcycle operators' 1,425
endorsements. The examination shall include a test of the 1,426
applicant's knowledge of motor vehicle laws, including the laws 1,427
on stopping for school buses, a test of the applicant's physical 1,428
fitness to drive, and a test of the applicant's ability to 1,430
understand highway traffic control devices. The examination may 1,431
be conducted in such a manner that applicants who are illiterate 1,432
or limited in their knowledge of the English language may be 1,433
tested by methods that would indicate to the examining officer 1,434
that the applicant has a reasonable knowledge of motor vehicle 1,435
laws and understands highway traffic control devices. An 1,436
applicant for a driver's license shall give an actual 1,437
demonstration of the ability to exercise ordinary and reasonable 1,438
control in the operation of a motor vehicle by driving the same 1,439
under the supervision of an examining officer. An applicant for 1,440
a motorcycle operator's endorsement shall give an actual 1,441
demonstration of the ability to exercise ordinary and reasonable 1,443
control in the operation of a motorcycle by driving the same 1,444
34
under the supervision of an examining officer. Except as 1,445
provided in section 4507.12 of the Revised Code, the registrar 1,446
shall designate the highway patrol or, any law enforcement body, 1,448
OR ANY OTHER EMPLOYEE OF THE DEPARTMENT OF PUBLIC SAFETY to 1,449
supervise and conduct examinations for temporary instruction
permits, drivers' licenses, and motorcycle operators' 1,451
endorsements and shall provide the necessary rules and forms to 1,452
properly conduct the examinations. The records of the 1,453
examinations, together with the application for a temporary 1,455
instruction permit, driver's license, or motorcycle operator's 1,456
endorsement, shall be forwarded to the registrar by the deputy 1,457
registrar, and, if in the opinion of the registrar the applicant 1,458
is qualified to operate a motor vehicle, the registrar shall 1,459
issue the permit, license, or endorsement. 1,461
The registrar may authorize the highway patrol or, other 1,463
designated law enforcement body, OR OTHER DESIGNATED EMPLOYEE OF 1,464
THE DEPARTMENT OF PUBLIC SAFETY to issue an examiner's driving 1,465
permit to an applicant who has passed the required examination, 1,466
authorizing that applicant to operate a motor vehicle while the 1,467
registrar is completing an investigation relative to that 1,469
applicant's qualifications to receive a temporary instruction
permit, driver's license, or motorcycle operator's endorsement. 1,471
The examiner's driving permit shall be in the immediate 1,472
possession of the applicant while operating a motor vehicle and 1,473
shall be effective until final action and notification has been 1,474
given by the registrar, but in no event longer than sixty days 1,475
from its date of issuance.
Sec. 4511.77. No person shall operate, nor shall any 1,484
person being the owner thereof or having supervisory 1,485
responsibility therefor permit the operation of, a school bus 1,486
within this state unless it is painted national school bus chrome 1,487
number two YELLOW and is marked on both front and rear with the 1,488
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 1,489
35
black lettering not less than ten inches in height. 1,490
Sec. 4513.071. All EVERY motor vehicles VEHICLE, TRAILER, 1,500
SEMITRAILER, AND POLE TRAILER when operated upon a highway shall
be equipped with at least one TWO OR MORE stop light LIGHTS, 1,503
EXCEPT THAT PASSENGER CARS MANUFACTURED OR ASSEMBLED PRIOR TO 1,504
JANUARY 1, 1967, MOTORCYCLES, AND MOTOR-DRIVEN CYCLES SHALL BE
EQUIPPED WITH AT LEAST ONE STOP LIGHT. STOP LIGHTS SHALL BE 1,505
mounted on the rear of the vehicle which shall be, actuated upon 1,507
application of the service brake, and which may be incorporated 1,509
with other rear lights. Such stop lights when actuated shall
emit a red light visible from a distance of five hundred feet to 1,511
the rear, provided that in the case of a train of vehicles only 1,512
the stop lights on the rear-most vehicle need be visible from the 1,513
distance specified.
Such stop lights when actuated shall give a steady warning 1,515
light to the rear of a vehicle or train of vehicles to indicate 1,516
the intention of the operator to diminish the speed of or stop a 1,517
vehicle or train of vehicles.
When stop lights are used as required by this section, they 1,519
shall be constructed or installed so as to provide adequate and 1,520
reliable illumination and shall conform to the appropriate rules 1,521
and regulations established under section 4513.19 of the Revised 1,522
Code.
Historical motor vehicles as defined in section 4503.181 of 1,524
the Revised Code, NOT ORIGINALLY MANUFACTURED WITH STOP LIGHTS, 1,526
are not subject to this section. 1,527
Sec. 4513.20. The following requirements govern as to 1,536
brake equipment on vehicles: 1,537
(A) Every trackless trolley and motor vehicle, other than 1,539
a motorcycle, when operated upon a highway shall be equipped with 1,540
brakes adequate to control the movement of and to stop and hold 1,541
such trackless trolley or motor vehicle, including two separate 1,542
means of applying the brakes, each of which means shall be 1,543
effective to apply the brakes to at least two wheels. If these 1,544
36
two separate means of applying the brakes are connected in any 1,545
way, then on such trackless trolleys or motor vehicles 1,546
manufactured or assembled after January 1, 1942, they shall be so 1,547
constructed that failure of any one part of the operating 1,548
mechanism shall not leave the trackless trolley or motor vehicle 1,549
without brakes on at least two wheels. 1,550
(B) Every motorcycle, when operated upon a highway shall 1,552
be equipped with at least one adequate brake, which may be 1,553
operated by hand or by foot. 1,554
(C) Every motorized bicycle shall be equipped with brakes 1,556
meeting the rules adopted by the director of public safety under 1,557
section 4511.521 of the Revised Code. 1,558
(D) Every trailer or semitrailer, except a pole trailer, 1,560
of a gross weight of two thousand pounds or more, manufactured or 1,561
assembled on or after January 1, 1942, when WHEN operated upon 1,562
the highways of this state, THE FOLLOWING VEHICLES shall be 1,563
equipped with brakes adequate to control the movement of and to 1,565
stop and to hold such THE vehicle and so, designed as to be 1,566
applied by the driver of the towing motor vehicle from its cab, 1,567
and said brakes shall be so ALSO designed and connected SO that, 1,569
in case of a breakaway of the towed vehicle, the brakes shall be 1,570
automatically applied:
(1) EVERY TRAILER OR SEMITRAILER, EXCEPT A POLE TRAILER, 1,572
WITH AN EMPTY WEIGHT OF TWO THOUSAND POUNDS OR MORE, MANUFACTURED 1,573
OR ASSEMBLED ON OR AFTER JANUARY 1, 1942; 1,574
(2) EVERY MANUFACTURED HOME OR TRAVEL TRAILER WITH AN 1,576
EMPTY WEIGHT OF TWO THOUSAND POUNDS OR MORE, MANUFACTURED OR 1,577
ASSEMBLED ON OR AFTER JANUARY 1, 2001. 1,578
(E) In any combination of motor-drawn trailers or 1,580
semitrailers equipped with brakes, means shall be provided for 1,581
applying the rearmost brakes in approximate synchronism with the 1,582
brakes on the towing vehicle, and developing the required braking 1,583
effort on the rearmost wheels at the fastest rate; or means shall 1,584
be provided for applying braking effort first on the rearmost 1,585
37
brakes; or both of the above means, capable of being used 1,586
alternatively, may be employed. 1,587
(F) Every vehicle and combination of vehicles, except 1,589
motorcycles and motorized bicycles, and except trailers and 1,590
semitrailers of a gross weight of less than two thousand pounds, 1,591
and pole trailers, shall be equipped with parking brakes adequate 1,592
to hold the vehicle on any grade on which it is operated, under 1,593
all conditions of loading, on a surface free from snow, ice, or 1,594
loose material. The parking brakes shall be capable of being 1,595
applied in conformance with the foregoing requirements by the 1,596
driver's muscular effort or by spring action or by equivalent 1,597
means. Their operation may be assisted by the service brakes or 1,598
other source of power provided that failure of the service brake 1,599
actuation system or other power assisting mechanism will not 1,600
prevent the parking brakes from being applied in conformance with 1,601
the foregoing requirements. The parking brakes shall be so 1,602
designed that when once applied they shall remain applied with 1,603
the required effectiveness despite exhaustion of any source of 1,604
energy or leakage of any kind. 1,605
(G) The same brake drums, brake shoes and lining 1,607
assemblies, brake shoe anchors, and mechanical brake shoe 1,608
actuation mechanism normally associated with the wheel brake 1,609
assemblies may be used for both the service brakes and the 1,610
parking brakes. If the means of applying the parking brakes and 1,611
the service brakes are connected in any way, they shall be so 1,612
constructed that failure of any one part shall not leave the 1,613
vehicle without operative brakes. 1,614
(H) Every trackless trolley, motor vehicle, or combination 1,616
of motor-drawn vehicles shall be capable at all times and under 1,617
all conditions of loading of being stopped on a dry, smooth, 1,618
level road free from loose material, upon application of the 1,619
service or foot brake, within the following specified distances, 1,620
or shall be capable of being decelerated at a sustained rate 1,621
corresponding to these distances: 1,622
38
(1) Trackless trolleys, vehicles, or combinations of 1,624
vehicles having brakes on all wheels shall come to a stop in 1,625
thirty feet or less from a speed of twenty miles per hour. 1,626
(2) Vehicles or combinations of vehicles not having brakes 1,628
on all wheels shall come to a stop in forty feet or less from a 1,629
speed of twenty miles per hour. 1,630
(I) All brakes shall be maintained in good working order 1,632
and shall be so adjusted as to operate as equally as practicable 1,633
with respect to the wheels on opposite sides of the trackless 1,634
trolley or vehicle. 1,635
Sec. 4513.261. (A)(1) No person shall sell OPERATE any 1,645
motor vehicle nor shall any motor vehicle be registered which has 1,646
been manufactured or assembled on or after January 1, 1954, 1,647
unless such THE vehicle is equipped with electrical or mechanical 1,648
directional signals. 1,649
(2) NO PERSON SHALL OPERATE ANY MOTORCYCLE OR MOTOR-DRIVEN 1,651
CYCLE MANUFACTURED OR ASSEMBLED ON OR AFTER JANUARY 1, 1968, 1,652
UNLESS THE VEHICLE IS EQUIPPED WITH ELECTRICAL OR MECHANICAL 1,653
DIRECTIONAL SIGNALS.
(B) "Directional signals" means an electrical or 1,655
mechanical signal device capable of clearly indicating an 1,657
intention to turn either to the right or to the left and which 1,658
shall be visible from both the front and rear.
(C) All mechanical signal devices shall be 1,660
self-illuminating devices when in use at the times mentioned in 1,662
section 4513.03 of the Revised Code.
This section shall not apply to motorcycles or motor-driven 1,664
cycles.
Sec. 4513.60. (A)(1) The sheriff of a county or chief of 1,673
police of a municipal corporation, township, or township police 1,674
district, within his THE SHERIFF'S OR CHIEF'S respective 1,675
territorial jurisdiction, upon complaint of any person adversely 1,677
affected, may order into storage any motor vehicle, other than an 1,678
abandoned junk motor vehicle as defined in section 4513.63 of the 1,679
39
Revised Code, that has been left on private residential or 1,680
private agricultural property for at least four hours without the 1,681
permission of the person having the right to the possession of 1,682
the property. The sheriff or chief of police, upon complaint of 1,683
the owner of a repair garage or place of storage, may order into 1,684
storage any motor vehicle, other than an abandoned junk motor 1,685
vehicle, that has been left at the garage or place of storage for 1,686
a longer period than that agreed upon. The place of storage 1,687
shall be designated by the sheriff or chief of police. When 1,688
ordering a motor vehicle into storage pursuant to this division, 1,689
a sheriff or chief of police shall, whenever possible, SHALL 1,690
arrange for the removal of such THE motor vehicle by a private 1,692
tow truck operator or towing company. Subject to division (C) of 1,694
this section, the owner of a motor vehicle that has been removed 1,695
pursuant to this division may recover the vehicle only in 1,696
accordance with division (E) of this section. 1,697
(2) Divisions (A)(1) to (3) of this section do not apply 1,699
to any private residential or private agricultural property that 1,700
is established as a private tow-away zone in accordance with 1,701
division (B) of this section. 1,702
(3) As used in divisions (A)(1) and (2) of this section, 1,704
"private residential property" means private property on which is 1,705
located one or more structures that are used as a home, 1,706
residence, or sleeping place by one or more persons, if no more 1,707
than three separate households are maintained in the structure or 1,708
structures. "Private residential property" does not include any 1,709
private property on which is located one or more structures that 1,710
are used as a home, residence, or sleeping place by two or more 1,711
persons, if more than three separate households are maintained in 1,712
the structure or structures. 1,713
(B)(1) The owner of private property may establish a 1,715
private tow-away zone only if all of the following conditions are 1,716
satisfied: 1,717
(a) The owner posts on his THE OWNER'S property a sign, 1,719
40
that is at least eighteen inches by twenty-four inches in size, 1,721
that is visible from all entrances to the property, and that 1,722
contains at least all of the following information: 1,723
(i) A notice that the property is a private tow-away zone 1,725
and that vehicles not authorized to park on the property will be 1,726
towed away; 1,727
(ii) The telephone number of the person from whom a 1,729
towed-away vehicle can be recovered, and the address of the place 1,730
to which the vehicle will be taken and the place from which it 1,731
may be recovered; 1,732
(iii) A statement that the vehicle may be recovered at any 1,734
time during the day or night upon the submission of proof of 1,735
ownership and the payment of a towing charge, in an amount not to 1,736
exceed seventy NINETY dollars, and a storage charge, in an amount 1,738
not to exceed eight TWELVE dollars per twenty-four-hour period; 1,739
except that the charge for towing shall not exceed one hundred 1,741
FIFTY dollars, and the storage charge shall not exceed twelve 1,742
TWENTY dollars per twenty-four-hour period, if the vehicle has a 1,743
laden MANUFACTURER'S gross vehicle weight RATING in excess of 1,745
fifteen TEN thousand pounds and is a truck, bus, or a combination 1,747
of a commercial tractor and trailer or semitrailer. 1,748
(b) The place to which the towed vehicle is taken and from 1,750
which it may be recovered is conveniently located, is well 1,751
lighted, and is on or within a reasonable distance of a regularly 1,752
scheduled route of one or more modes of public transportation, if 1,753
any public transportation is available in the municipal 1,754
corporation or township in which the private tow-away zone is 1,755
located. 1,756
(2) If a vehicle is parked on private property that is 1,758
established as a private tow-away zone in accordance with 1,759
division (B)(1) of this section, without the consent of the owner 1,760
of the property or in violation of any posted parking condition 1,761
or regulation, the owner or his THE OWNER'S agent may remove, or 1,762
cause the removal of, the vehicle, the owner and the operator of 1,764
41
the vehicle shall be deemed to have consented to the removal and 1,765
storage of the vehicle and to the payment of the towing and 1,766
storage charges specified in division (B)(1)(a)(iii) of this 1,767
section, and the owner, subject to division (C) of this section, 1,768
may recover a vehicle that has been so removed only in accordance 1,769
with division (E) of this section. 1,770
(3) If a municipal corporation requires tow trucks and tow 1,772
truck operators to be licensed, no owner of private property 1,773
located within the municipal corporation shall remove, or shall 1,774
cause the removal and storage of, any vehicle pursuant to 1,775
division (B)(2) of this section by an unlicensed tow truck or 1,776
unlicensed tow truck operator. 1,777
(4) Divisions (B)(1) to (3) of this section do not affect 1,779
or limit the operation of division (A) of this section or 1,780
sections 4513.61 to 4513.65 of the Revised Code as they relate to 1,781
property other than private property that is established as a 1,782
private tow-away zone under division (B)(1) of this section. 1,783
(C) If the owner or operator of a motor vehicle that has 1,785
been ordered into storage pursuant to division (A)(1) of this 1,786
section or of a vehicle that is being removed under authority of 1,787
division (B)(2) of this section arrives after the motor vehicle 1,788
or vehicle has been prepared for removal, but prior to its actual 1,789
removal from the property, the owner or operator shall be given 1,790
the opportunity to pay a fee of not more than one-half of the 1,791
charge for the removal of motor vehicles under division (A)(1) of 1,792
this section or of vehicles under division (B)(2) of this 1,793
section, whichever is applicable, that normally is assessed by 1,794
the person who has prepared the motor vehicle or vehicle for 1,795
removal, in order to obtain release of the motor vehicle or 1,796
vehicle. Upon payment of that fee, the motor vehicle or vehicle 1,797
shall be released to the owner or operator, and upon its release, 1,798
the owner or operator immediately shall move it so that: 1,799
(1) If the motor vehicle was ordered into storage pursuant 1,801
to division (A)(1) of this section, it is not on the private 1,802
42
residential or private agricultural property without the 1,803
permission of the person having the right to possession of the 1,804
property, or is not at the garage or place of storage without the 1,805
permission of the owner, whichever is applicable. 1,806
(2) If the vehicle was being removed under authority of 1,808
division (B)(2) of this section, it is not parked on the private 1,809
property established as a private tow-away zone without the 1,810
consent of the owner or in violation of any posted parking 1,811
condition or regulation. 1,812
(D)(1) If an owner of private property that is established 1,814
as a private tow-away zone in accordance with division (B)(1) of 1,815
this section or the authorized agent of such an owner removes or 1,816
causes the removal of a vehicle from that property under 1,817
authority of division (B)(2) of this section, the owner or agent 1,818
promptly shall notify the police department of the municipal 1,819
corporation, township, or township police district in which the 1,820
property is located, of the removal, the vehicle's license 1,821
number, make, model, and color, the location from which it was 1,822
removed, the date and time of its removal, the telephone number 1,823
of the person from whom it may be recovered, and the address of 1,824
the place to which it has been taken and from which it may be 1,825
recovered. 1,826
(2) Each county sheriff and each chief of police of a 1,828
municipal corporation, township, or township police district 1,829
shall maintain a record of motor vehicles that he THE SHERIFF OR 1,830
CHIEF orders into storage pursuant to division (A)(1) of this 1,831
section and of vehicles removed from private property in his THE 1,832
SHERIFF'S OR CHIEF'S jurisdiction that is established as a 1,834
private tow-away zone of which he THE SHERIFF OR CHIEF has 1,835
received notice under division (D)(1) of this section. The
record shall include an entry for each such motor vehicle or 1,836
vehicle that identifies the motor vehicle's or vehicle's license 1,837
number, make, model, and color, the location from which it was 1,838
removed, the date and time of its removal, the telephone number 1,839
43
of the person from whom it may be recovered, and the address of 1,840
the place to which it has been taken and from which it may be 1,841
recovered. Any information in the record that pertains to a 1,842
particular motor vehicle or vehicle shall be provided to any 1,843
person who, either in person or pursuant to a telephone call, 1,844
identifies himself SELF as the owner or operator of the motor 1,845
vehicle or vehicle and requests information pertaining to its 1,846
location.
(3) Any person who registers a complaint that is the basis 1,848
of a sheriff's or police chief's order for the removal and 1,849
storage of a motor vehicle under division (A)(1) of this section 1,850
shall provide the identity of the law enforcement agency with 1,851
which the complaint was registered to any person who identifies 1,852
himself SELF as the owner or operator of the motor vehicle and 1,853
requests information pertaining to its location. 1,854
(E) The owner of a motor vehicle that is ordered into 1,856
storage pursuant to division (A)(1) of this section or of a 1,857
vehicle that is removed under authority of division (B)(2) of 1,858
this section may reclaim it upon payment of any expenses or 1,859
charges incurred in its removal, in an amount not to exceed 1,860
seventy NINETY dollars, and storage, in an amount not to exceed 1,861
eight TWELVE dollars per twenty-four-hour period; except that the 1,863
charge for towing shall not exceed one hundred FIFTY dollars, and 1,864
the storage charge shall not exceed twelve TWENTY dollars per 1,865
twenty-four-hour period, if the vehicle has a laden 1,867
MANUFACTURER'S gross vehicle weight RATING in excess of fifteen 1,869
TEN thousand pounds and is a truck, bus, or a combination of a 1,871
commercial tractor and trailer or semitrailer. Presentation of 1,872
proof of ownership, which may be evidenced by a certificate of
title to the motor vehicle or vehicle shall also SHALL be 1,873
required for reclamation of the vehicle. If a motor vehicle that 1,875
is ordered into storage pursuant to division (A)(1) of this 1,876
section remains unclaimed by the owner for thirty days, the 1,877
procedures established by sections 4513.61 and 4513.62 of the 1,878
44
Revised Code shall apply. 1,879
(F) No person shall remove, or cause the removal of, any 1,881
vehicle from private property that is established as a private 1,882
tow-away zone under division (B)(1) of this section other than in 1,883
accordance with division (B)(2) of this section, and no person 1,884
shall remove, or cause the removal of, any motor vehicle from any 1,885
other private property other than in accordance with division 1,886
(A)(1) of this section or sections 4513.61 to 4513.65 of the 1,887
Revised Code. 1,888
Sec. 5577.11. No person shall drive or operate, or cause 1,897
to be driven or operated, any commercial car, trailer, or 1,898
semitrailer, used for the transportation of goods or property, 1,899
the gross weight of which, with load, exceeds three tons, upon 1,900
the public highways, streets, bridges, and culverts within this 1,901
state, unless such vehicle is equipped with suitable metal
protectors or substantial flexible flaps on the rearmost wheels 1,902
of such vehicle or combination of vehicles to prevent, as far as 1,903
practicable, the wheels from throwing dirt, water, or other 1,904
materials on the windshields of following vehicles. Such 1,905
protectors or flaps shall have a ground clearance of not more 1,906
than one fifth THIRD of the distance from the center of the 1,907
rearmost axle to the center of the flaps under any conditions of 1,908
loading of the vehicle, and they shall be at least as wide as the 1,909
tires they are protecting. If the vehicle is so designed and
constructed that such requirements are accomplished by means of 1,910
fenders, body construction, or other means of enclosure, then no 1,911
such protectors or flaps are required. Rear wheels not covered 1,912
at the top by fenders, bodies, or other parts of the vehicle 1,913
shall be covered at the top by protective means extending at 1,914
least to the center line of the rearmost axle.
Section 2. That existing sections 4501.01, 4501.27, 1,916
4503.07, 4506.01, 4506.09, 4506.13, 4506.16, 4507.10, 4507.11, 1,917
4511.77, 4513.071, 4513.20, 4513.261, 4513.60, and 5577.11 of the 1,918
Revised Code are hereby repealed.
45
Section 3. Section 4501.01 of the Revised Code is 1,920
presented in this act as a composite of the section as amended by 1,921
both Am. Sub. H.B. 611 and Am. Sub. S.B. 142 of the 122nd General 1,922
Assembly, with the new language of neither of the acts shown in 1,923
capital letters. Section 4506.01 of the Revised Code is presented 1,924
in this act as a composite of the section as amended by both Am. 1,926
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 1,927
letters. Section 4507.10 of the Revised Code is presented in 1,928
this act as a composite of the section as amended by Am. Sub. 1,930
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 1,932
acts shown in capital letters. This is in recognition of the 1,933
principle stated in division (B) of section 1.52 of the Revised 1,934
Code that such amendments are to be harmonized where not 1,935
substantively irreconcilable and constitutes a legislative 1,936
finding that such is the resulting version in effect prior to the 1,937
effective date of this act.