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          

                                                          4      


                                                                 
      (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          

                                                          5      


                                                                 
"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.                                                                     

                                                          6      


                                                                 
      (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          

                                                          7      


                                                                 
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          

                                                          9      


                                                                 
      (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          

                                                          10     


                                                                 
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.