As Passed by the Senate 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
SENATORS OELSLAGER-DRAKE-LATELL-SCHAFRATH 11
_________________________________________________________________ 13
A B I L L
To amend sections 4501.01, 4501.27, 4503.07, 15
4506.01, 4506.09, 4506.13, 4506.16, 4507.10, 17
4507.11, 4511.77, 4513.071, 4513.20, 4513.261,
4513.60, 4513.99, 4905.06, 4919.79, 4921.02, 18
4921.101, 4923.02, 4923.20, 5577.05, and 5577.11 19
and to enact sections 4501.271, 4506.011,
4507.101, 4513.50, 4513.51, 4513.52, and 4513.53 20
of the Revised Code and to amend Section 82 of 21
Am. Sub. H.B. 283 of the 123rd General Assembly 22
to establish a bus safety inspection program
conducted by the State Highway Patrol; to revise 23
the law governing the disclosure of personal 24
information from records of the Bureau of Motor
Vehicles; to allow driver's license reciprocity 25
with foreign countries; to make changes in 26
Commercial Motor Vehicle Law and vehicle
equipment requirements; to make other changes in 27
the law governing drivers' licenses; to create a 29
committee to study the feasibility of requiring
insurance companies to report policy information 30
to the Registrar of Motor Vehicles; to establish 31
maximum vehicle dimensions for recreational
vehicles; to prohibit the Bureau of Motor 32
Vehicles from disclosing the residence address of 33
certain peace officers as contained in the
2
Bureau's records if the officer requests that the 34
information be confidential; to make changes to
the Public Utilities Commission inspection 35
program for vehicles transporting passengers; to 36
increase the towing and storage fees that must be 37
paid when a person claims a motor vehicle that
has been ordered into storage by a law 38
enforcement official or removed from a private 39
tow-away zone; to make an appropriation for the
Bus Inspection Program; and to declare an 40
emergency.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 42
Section 1. That sections 4501.01, 4501.27, 4503.07, 44
4506.01, 4506.09, 4506.13, 4506.16, 4507.10, 4507.11, 4511.77, 45
4513.071, 4513.20, 4513.261, 4513.60, 4513.99, 4905.06, 4919.79, 46
4921.02, 4921.101, 4923.02, 4923.20, 5577.05, and 5577.11 be 47
amended and sections 4501.271, 4506.011, 4507.101, 4513.50,
4513.51, 4513.52, and 4513.53 of the Revised Code be enacted to 49
read as follows:
Sec. 4501.01. As used in this chapter and Chapters 4503., 59
4505., 4507., 4509., 4511., 4513., 4515., and 4517. of the 60
Revised Code, and in the penal laws, except as otherwise 61
provided: 62
(A) "Vehicles" means everything on wheels or runners, 64
including motorized bicycles, but does not mean vehicles that are 65
operated exclusively on rails or tracks or from overhead electric 66
trolley wires and vehicles that belong to any police department, 67
municipal fire department, or volunteer fire department, or that 68
are used by such a department in the discharge of its functions. 69
(B) "Motor vehicle" means any vehicle, including mobile 72
homes and recreational vehicles, that is propelled or drawn by 74
power other than muscular power or power collected from overhead 75
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electric trolley wires. "Motor vehicle" does not include 76
motorized bicycles, road rollers, traction engines, power 77
shovels, power cranes, and other equipment used in construction 78
work and not designed for or employed in general highway 79
transportation, well-drilling machinery, ditch-digging machinery, 80
farm machinery, trailers that are used to transport agricultural 81
produce or agricultural production materials between a local 82
place of storage or supply and the farm when drawn or towed on a 83
public road or highway at a speed of twenty-five miles per hour 84
or less, threshing machinery, hay-baling machinery, corn sheller, 85
hammermill and agricultural tractors, machinery used in the 86
production of horticultural, agricultural, and vegetable 87
products, and trailers that are designed and used exclusively to 88
transport a boat between a place of storage and a marina, or in 89
and around a marina, when drawn or towed on a public road or 90
highway for a distance of no more than ten miles and at a speed 91
of twenty-five miles per hour or less.
(C) "Agricultural tractor" and "traction engine" mean any 93
self-propelling vehicle that is designed or used for drawing 94
other vehicles or wheeled machinery, but has no provisions for 95
carrying loads independently of such other vehicles, and that is 96
used principally for agricultural purposes. 97
(D) "Commercial tractor," except as defined in division 99
(C) of this section, means any motor vehicle that has motive 100
power and either is designed or used for drawing other motor 101
vehicles, or is designed or used for drawing another motor 103
vehicle while carrying a portion of the other motor vehicle or 104
its load, or both.
(E) "Passenger car" means any motor vehicle that is 106
designed and used for carrying not more than nine persons and 107
includes any motor vehicle that is designed and used for carrying 108
not more than fifteen persons in a ridesharing arrangement. 109
(F) "Collector's vehicle" means any motor vehicle or 111
agricultural tractor or traction engine that is of special 112
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interest, that has a fair market value of one hundred dollars or 113
more, whether operable or not, and that is owned, operated, 114
collected, preserved, restored, maintained, or used essentially 115
as a collector's item, leisure pursuit, or investment, but not as 116
the owner's principal means of transportation. "Licensed 117
collector's vehicle" means a collector's vehicle, other than an 118
agricultural tractor or traction engine, that displays current, 119
valid license tags issued under section 4503.45 of the Revised 120
Code, or a similar type of motor vehicle that displays current, 121
valid license tags issued under substantially equivalent 122
provisions in the laws of other states. 123
(G) "Historical motor vehicle" means any motor vehicle 125
that is over twenty-five years old and is owned solely as a 126
collector's item and for participation in club activities, 127
exhibitions, tours, parades, and similar uses, but that in no 128
event is used for general transportation. 129
(H) "Noncommercial motor vehicle" means any motor vehicle, 131
including a farm truck as defined in section 4503.04 of the 132
Revised Code, that is designed by the manufacturer to carry a 133
load of no more than one ton and is used exclusively for purposes 134
other than engaging in business for profit. 135
(I) "Bus" means any motor vehicle that has motor power and 138
is designed and used for carrying more than nine passengers,
except any motor vehicle that is designed and used for carrying 139
not more than fifteen passengers in a ridesharing arrangement. 140
(J) "Commercial car" OR "TRUCK" means any motor vehicle 142
that has motor power and is designed and used for carrying 144
merchandise or freight, or that is used as a commercial tractor. 145
(K) "Bicycle" means every device, other than a tricycle 147
that is designed solely for use as a play vehicle by a child, 149
that is propelled solely by human power upon which any person may 150
ride, and that has either two tandem wheels, or one wheel in 151
front and two wheels in the rear, any of which is more than 152
fourteen inches in diameter.
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(L) "Motorized bicycle" means any vehicle that either has 154
two tandem wheels or one wheel in the front and two wheels in the 156
rear, that is capable of being pedaled, and that is equipped with
a helper motor of not more than fifty cubic centimeters piston 157
displacement that produces no more than one brake horsepower and 158
is capable of propelling the vehicle at a speed of no greater 159
than twenty miles per hour on a level surface. 160
(M) "Trailer" means any vehicle without motive power that 163
is designed or used for carrying property or persons wholly on
its own structure and for being drawn by a motor vehicle, and 164
includes any such vehicle that is formed by or operated as a 165
combination of a semitrailer and a vehicle of the dolly type such 166
as that commonly known as a trailer dolly, a vehicle used to 167
transport agricultural produce or agricultural production 168
materials between a local place of storage or supply and the farm 169
when drawn or towed on a public road or highway at a speed 170
greater than twenty-five miles per hour, and a vehicle that is 171
designed and used exclusively to transport a boat between a place 172
of storage and a marina, or in and around a marina, when drawn or 173
towed on a public road or highway for a distance of more than ten 174
miles or at a speed of more than twenty-five miles per hour. 175
"Trailer" does not include a manufactured home or travel trailer. 176
(N) "Noncommercial trailer" means any trailer, except a 178
travel trailer or trailer that is used to transport a boat as 179
described in division (B) of this section, but, where applicable, 180
includes a vehicle that is used to transport a boat as described 181
in division (M) of this section, that has a gross weight of no 182
more than three thousand pounds, and that is used exclusively for 183
purposes other than engaging in business for a profit. 184
(O) "Mobile home" means a building unit or assembly of 187
closed construction that is fabricated in an off-site facility, 188
is more than thirty-five body feet in length or, when erected on 189
site, is three hundred twenty or more square feet, is built on a 190
permanent chassis, is transportable in one or more sections, and 192
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does not qualify as a manufactured home as defined in division 193
(C)(4) of section 3781.06 of the Revised Code or as an 194
industrialized unit as defined in division (C)(3) of section 195
3781.06 of the Revised Code.
(P) "Semitrailer" means any vehicle of the trailer type 197
that does not have motive power and is so designed or used with 198
another and separate motor vehicle that in operation a part of 199
its own weight or that of its load, or both, rests upon and is 200
carried by the other vehicle furnishing the motive power for 201
propelling itself and the vehicle referred to in this division, 202
and includes, for the purpose only of registration and taxation 203
under those chapters, any vehicle of the dolly type, such as a 204
trailer dolly, that is designed or used for the conversion of a 205
semitrailer into a trailer. 206
(Q) "Recreational vehicle" means a vehicular portable 208
structure that MEETS ALL OF THE FOLLOWING CONDITIONS: 209
(1) IT is designed and constructed to be used as a 211
temporary dwelling for THE SOLE PURPOSE OF RECREATIONAL travel, 212
recreational, and vacation uses and. 213
(2) IT IS NOT USED FOR THE PURPOSE OF ENGAGING IN BUSINESS 215
FOR PROFIT.
(3) IT IS NOT USED FOR THE PURPOSE OF ENGAGING IN 217
INTRASTATE COMMERCE.
(4) IT IS NOT USED FOR THE PURPOSE OF COMMERCE AS DEFINED 219
IN 49 C.F.R. 383.5, AS AMENDED. 220
(5) IT IS NOT REGULATED BY THE PUBLIC UTILITIES COMMISSION 222
PURSUANT TO CHAPTER 4919., 4921., OR 4923. OF THE REVISED CODE. 223
(6) IT is classed as follows ONE OF THE FOLLOWING: 225
(1)(a) "Travel trailer" means a nonself-propelled 227
recreational vehicle that does not exceed an overall length of 228
thirty-five feet, exclusive of bumper and tongue or coupling, and 229
contains less than three hundred twenty square feet of space when 230
erected on site. "Travel trailer" includes a tent-type fold-out 232
camping trailer as defined in section 4517.01 of the Revised 233
7
Code.
(2)(b) "Motor home" means a self-propelled recreational 235
vehicle that HAS NO FIFTH WHEEL AND is constructed with 236
permanently installed facilities for cold storage, cooking and 238
consuming of food, and for sleeping.
(3)(c) "Truck camper" means a nonself-propelled 240
recreational vehicle that does not have wheels for road use and 241
is designed to be placed upon and attached to a motor vehicle. 242
"Truck camper" does not include truck covers that consist of 243
walls and a roof, but do not have floors and facilities enabling 244
them to be used as a dwelling.
(4)(d) "Fifth wheel trailer" means a vehicle that is of 246
such size and weight as to be movable without a special highway 248
permit, that has a gross trailer area of four hundred square feet 249
or less, that is constructed with a raised forward section that 250
allows a bi-level floor plan, and that is designed to be towed by
a vehicle equipped with a fifth-wheel hitch ordinarily installed 251
in the bed of a truck. 252
(5)(e) "Park trailer" means a vehicle that is commonly 254
known as a park model recreational vehicle, meets the American 256
national standard institute standard A119.5 (1988) for park 257
trailers, is built on a single chassis, has a gross trailer area 258
of four hundred square feet or less when set up, is designed for
seasonal or temporary living quarters, and may be connected to 259
utilities necessary for the operation of installed features and 260
appliances.
(R) "Pneumatic tires" means tires of rubber and fabric or 262
tires of similar material, that are inflated with air. 263
(S) "Solid tires" means tires of rubber or similar elastic 265
material that are not dependent upon confined air for support of 266
the load.
(T) "Solid tire vehicle" means any vehicle that is 268
equipped with two or more solid tires. 269
(U) "Farm machinery" means all machines and tools that are 271
8
used in the production, harvesting, and care of farm products, 272
and includes trailers that are used to transport agricultural 273
produce or agricultural production materials between a local 274
place of storage or supply and the farm when drawn or towed on a 275
public road or highway at a speed of twenty-five miles per hour 276
or less.
(V) "Owner" includes any person, firm, or corporation 278
other than a manufacturer or dealer that has title to a motor 279
vehicle, except that in sections 4505.01 to 4505.19 of the 280
Revised Code, "owner" includes in addition manufacturers and 281
dealers.
(W) "Manufacturer" and "dealer" include all persons, 283
firms, and corporations that are regularly engaged in the 284
business of manufacturing, selling, displaying, offering for 285
sale, or dealing in motor vehicles, at an established place of 286
business that is used exclusively for the purpose of 287
manufacturing, selling, displaying, offering for sale, or dealing 288
in motor vehicles. A place of business that is used for 289
manufacturing, selling, displaying, offering for sale, or dealing 290
in motor vehicles shall be deemed to be used exclusively for 291
those purposes even though snowmobiles or all-purpose vehicles 292
are sold or displayed for sale thereat, even though farm 293
machinery is sold or displayed for sale thereat, or even though 294
repair, accessory, gasoline and oil, storage, parts, service, or 295
paint departments are maintained thereat, or, in any county 296
having a population of less than seventy-five thousand persons at 297
the last federal census, even though a department in a place of 298
business is used to dismantle, salvage, or rebuild motor vehicles 299
by means of used parts, if such departments are operated for the 300
purpose of furthering and assisting in the business of 301
manufacturing, selling, displaying, offering for sale, or dealing 302
in motor vehicles. Places of business or departments in a place 303
of business used to dismantle, salvage, or rebuild motor vehicles 304
by means of using used parts are not considered as being 305
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maintained for the purpose of assisting or furthering the 306
manufacturing, selling, displaying, and offering for sale or 307
dealing in motor vehicles.
(X) "Operator" includes any person who drives or operates 309
a motor vehicle upon the public highways. 310
(Y) "Chauffeur" means any operator who operates a motor 312
vehicle, other than a taxicab, as an employee for hire; or any 313
operator whether or not the owner of a motor vehicle, other than 314
a taxicab, who operates such vehicle for transporting, for gain, 315
compensation, or profit, either persons or property owned by 316
another. Any operator of a motor vehicle who is voluntarily 317
involved in a ridesharing arrangement is not considered an 318
employee for hire or operating such vehicle for gain, 319
compensation, or profit.
(Z) "State" includes the territories and federal districts 321
of the United States, and the provinces of Canada. 322
(AA) "Public roads and highways" for vehicles includes all 324
public thoroughfares, bridges, and culverts. 325
(BB) "Manufacturer's number" means the manufacturer's 327
original serial number that is affixed to or imprinted upon the 328
chassis or other part of the motor vehicle. 329
(CC) "Motor number" means the manufacturer's original 331
number that is affixed to or imprinted upon the engine or motor 332
of the vehicle. 333
(DD) "Distributor" means any person who is authorized by 335
a motor vehicle manufacturer to distribute new motor vehicles to 336
licensed motor vehicle dealers at an established place of 337
business that is used exclusively for the purpose of distributing 338
new motor vehicles to licensed motor vehicle dealers, except when 339
the distributor also is a new motor vehicle dealer, in which case 340
the distributor may distribute at the location of the 341
distributor's licensed dealership. 342
(EE) "Ridesharing arrangement" means the transportation of 344
persons in a motor vehicle where the transportation is incidental 346
10
to another purpose of a volunteer driver and includes ridesharing 347
arrangements known as carpools, vanpools, and buspools. 348
(FF) "Apportionable vehicle" means any vehicle that is 350
used or intended for use in two or more international 351
registration plan member jurisdictions that allocate or 352
proportionally register vehicles, that is used for the 353
transportation of persons for hire or designed, used, or 354
maintained primarily for the transportation of property, and that 355
meets any of the following qualifications:
(1) Is a power unit having a gross vehicle weight in 357
excess of twenty-six thousand pounds; 358
(2) Is a power unit having three or more axles, regardless 360
of the gross vehicle weight; 361
(3) Is a combination vehicle with a gross vehicle weight 363
in excess of twenty-six thousand pounds. 364
"Apportionable vehicle" does not include recreational 366
vehicles, vehicles displaying restricted plates, city pick-up and 367
delivery vehicles, buses used for the transportation of chartered 368
parties, or vehicles owned and operated by the United States, 369
this state, or any political subdivisions thereof. 370
(GG) "Chartered party" means a group of persons who 372
contract as a group to acquire the exclusive use of a 373
passenger-carrying motor vehicle at a fixed charge for the 374
vehicle in accordance with the carrier's tariff, lawfully on file 375
with the United States department of transportation, for the 377
purpose of group travel to a specified destination or for a 378
particular itinerary, either agreed upon in advance or modified 379
by the chartered group after having left the place of origin. 380
(HH) "International registration plan" means a reciprocal 382
agreement of member jurisdictions that is endorsed by the 383
American association of motor vehicle administrators, and that 384
promotes and encourages the fullest possible use of the highway 385
system by authorizing apportioned registration of fleets of 386
vehicles and recognizing registration of vehicles apportioned in 387
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member jurisdictions. 388
(II) "Restricted plate" means a license plate that has a 390
restriction of time, geographic area, mileage, or commodity, and 391
includes license plates issued to farm trucks under division (K) 392
of section 4503.04 of the Revised Code. 393
(JJ) "Gross vehicle weight," with regard to any commercial 395
car, trailer, semitrailer, or bus that is taxed at the rates 396
established under section 4503.042 of the Revised Code, means the 397
unladen weight of the vehicle fully equipped plus the maximum 398
weight of the load to be carried on the vehicle. 399
(KK) "Combined gross vehicle weight" with regard to any 401
combination of a commercial car, trailer, and semitrailer, that 402
is taxed at the rates established under section 4503.042 of the 403
Revised Code, means the total unladen weight of the combination 404
of vehicles fully equipped plus the maximum weight of the load to 405
be carried on that combination of vehicles. 406
(LL) "Chauffeured limousine" means a motor vehicle that is 409
designed to carry nine or fewer passengers and is operated for 410
hire on an hourly basis pursuant to a prearranged contract for 411
the transportation of passengers on public roads and highways 412
along a route under the control of the person hiring the vehicle 413
and not over a defined and regular route. "Prearranged contract" 414
means an agreement, made in advance of boarding, to provide 415
transportation from a specific location in a chauffeured 416
limousine at a fixed rate per hour or trip. "Chauffeured 417
limousine" does not include any vehicle that is used exclusively 418
in the business of funeral directing. 419
(NN)(MM) "Manufactured home" has the same meaning as in 422
division (C)(4) of section 3781.06 of the Revised Code. 423
(OO)(NN) "Acquired situs," with respect to a manufactured 426
home or a mobile home, means to become located in this state 427
pursuant to the issuance of a certificate of title for the home 428
and the placement of the home on real property, but does not 429
include the placement of a manufactured home or a mobile home in 430
12
the inventory of a new motor vehicle dealer or the inventory of a 431
manufacturer, remanufacturer, or distributor of manufactured or 432
mobile homes. 433
Sec. 4501.27. (A) Except as provided in division (B) of 443
this section, on and after September 13, 1997, the registrar of 444
motor vehicles, and any employee or contractor of the bureau of 445
motor vehicles, shall not knowingly disclose or otherwise make 446
available to any person or entity any personal information about 447
an individual that the bureau obtained in connection with a motor 448
vehicle record.
(B)(1) On and after September 13, 1997, the registrar, or 451
an employee or contractor of the bureau of motor vehicles, shall 452
disclose personal information, OTHER THAN SENSITIVE PERSONAL 453
INFORMATION, about an individual that the bureau obtained in 454
connection with a motor vehicle record, for use in connection 455
with any of the following matters to carry out the purposes of 456
any specified federal automobile-related act: 457
(a) Motor vehicle or driver safety and theft; 459
(b) Motor vehicle emissions; 461
(c) Motor vehicle product alterations, recalls, or 463
advisories; 464
(d) Performance monitoring of motor vehicles and dealers 467
by motor vehicle manufacturers;
(e) Removal of non-owner records from the original owner 470
records of motor vehicle manufacturers.
(2) In addition to the disclosure required under division 472
(B)(1) of this section, on and after September 13, 1997, the 474
registrar, or an employee or contractor of the bureau of motor 475
vehicles, may disclose personal information, OTHER THAN SENSITIVE 476
PERSONAL INFORMATION, about an individual that the bureau 477
obtained in connection with a motor vehicle record, as follows: 478
(a) For the use of a government agency, including, but not 481
limited to, a court or law enforcement agency, in carrying out
its functions, or for the use of a private person or entity 482
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acting on behalf of an agency of this state, another state, the 483
United States, or a political subdivision of this state or 485
another state in carrying out its functions;
(b) For use in connection with matters regarding motor 488
vehicle or driver safety and theft; motor vehicle emissions;
motor vehicle product alterations, recalls, or advisories; 489
performance monitoring of motor vehicles, motor vehicle parts, 490
and dealers; motor vehicle market research activities, including, 492
but not limited to, survey research; and removal of non-owner 494
records from the original owner records of motor vehicle
manufacturers; 495
(c) For use in the normal course of business by a 497
legitimate business or an agent, employee, or contractor of a 498
legitimate business, but only for one of the following purposes: 499
(i) To verify the accuracy of personal information 501
submitted to the business, agent, employee, or contractor by an 502
individual;
(ii) If personal information submitted to the business, 505
agent, employee, or contractor by an individual is incorrect or
no longer is correct, to obtain the correct information, but only 506
for the purpose of preventing fraud, by pursuing legal remedies 507
against, or recovering on a debt or security interest against, 508
the individual.
(d) For use in connection with a civil, criminal, 510
administrative, or arbitral proceeding in a court or agency of 511
this state, another state, the United States, or a political 512
subdivision of this state or another state or before a 513
self-regulatory body, including, but not limited to, use in 514
connection with the service of process, investigation in
anticipation of litigation, or the execution or enforcement of a 515
judgment or order; 516
(e) Pursuant to an order of a court of this state, another 519
state, the United States, or a political subdivision of this
state or another state; 520
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(f) For use in research activities or in producing 522
statistical reports, provided the personal information is not 523
published, redisclosed, or used to contact an individual; 524
(g) For use by an insurer, insurance support organization, 527
or self-insured entity, or by an agent, employee, or contractor
of that type of entity, in connection with any claims 528
investigation activity, anti-fraud activity, rating, or 529
underwriting;
(h) For use in providing notice to the owner of a towed, 532
impounded, immobilized, or forfeited vehicle;
(i) For use by any licensed private investigative agency 535
or licensed security service for any purpose permitted under
division (B)(2) of this section; 536
(j) For use by an employer or by the agent or insurer of 539
an employer to obtain or verify information relating to the
holder of a commercial driver's license or permit that is 540
required under the "Commercial Motor Vehicle Safety Act of 1986," 541
100 Stat. 3207-170, 49 U.S.C. 2701, et seq., as now or hereafter 542
amended;
(k) For use in connection with the operation of a private 545
toll transportation facility;
(l) For any use not otherwise identified in division 547
(B)(2) of this section that is in response to a request for 549
individual motor vehicle records, if the bureau of motor vehicles 550
has provided both of the following in a clear and conspicuous 551
manner on forms for the issuance or renewal of driver's or 552
commercial driver's licenses, motor vehicle certificates of 553
title, motor vehicle registrations and identification license 554
plates, and identification cards:
(i) Notice that personal information collected by the 557
bureau on or in relation to the forms may be disclosed to any
person;
(ii) An opportunity for an individual who WHOSE PERSONAL 559
INFORMATION IS REQUESTED completes and submits any of the forms 561
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TO THE REGISTRAR OR DEPUTY REGISTRAR A FORM PRESCRIBED BY THE 562
REGISTRAR BY RULE GIVING EXPRESS CONSENT to prohibit SUCH 563
disclosures.
(m) For bulk distribution for surveys, marketing, or 565
solicitations, if the bureau of motor vehicles has implemented 566
methods and procedures to ensure all of the following: 567
(i) That individuals are provided, in a clear and 569
conspicuous manner, an opportunity to prohibit uses of this 571
nature and, when a transaction is performed in person, the 572
individual is given verbal notice that personal information 573
collected by the bureau on or in relation to the forms for the 574
issuance or renewal of a driver's or commercial driver's license, 575
a motor vehicle certificate of title, a motor vehicle
registration and license plates, and an identification card may 576
be disclosed for uses of this nature; 577
(ii) The information will be used, rented, or sold solely 579
for bulk distribution for surveys, marketing, or solicitations, 580
and that those surveys, marketing, and solicitations will not be 581
directed at an individual who has requested in a timely fashion 582
that the surveys, marketing, and solicitations not be directed at 583
that individual WHOSE PERSONAL INFORMATION IS REQUESTED COMPLETES 584
AND SUBMITS TO THE REGISTRAR OR A DEPUTY REGISTRAR A FORM 585
PRESCRIBED BY THE REGISTRAR BY RULE GIVING EXPRESS CONSENT TO
SUCH DISCLOSURES. 586
(n) For use by a person, state, or state agency that 588
requests the information, if the person, state, or state agency 589
demonstrates that it has obtained the written consent of the 590
individual to whom the information pertains; 591
(o) For any other use specifically authorized by law that 594
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 597
SECTION, THE REGISTRAR, OR AN EMPLOYEE OR CONTRACTOR OF THE 599
BUREAU OF MOTOR VEHICLES, MAY DISCLOSE SENSITIVE PERSONAL 600
16
INFORMATION ABOUT AN INDIVIDUAL THAT THE BUREAU OBTAINED IN 601
CONNECTION WITH A MOTOR VEHICLE RECORD, ONLY IF EITHER OF THE 602
FOLLOWING CONDITIONS ARE SATISFIED:
(i) THE INDIVIDUAL WHOSE PERSONAL INFORMATION IS REQUESTED 604
COMPLETES AND SUBMITS TO THE REGISTRAR OR DEPUTY REGISTRAR A FORM 605
PRESCRIBED BY THE REGISTRAR BY RULE GIVING EXPRESS CONSENT TO 606
SUCH DISCLOSURE; 607
(ii) THE DISCLOSURE IS FOR ONE OR MORE OF THE PURPOSES 609
DESCRIBED IN DIVISION (B)(2)(a), (d), (g), OR (j) OF THIS 611
SECTION.
(b) DIVISION (B)(3)(a) OF THIS SECTION DOES NOT APPLY TO 614
THE DISCLOSURE OF SENSITIVE PERSONAL INFORMATION THAT IS SUBJECT 615
TO SECTION 4501.15 OR 4507.53 OF THE REVISED CODE. 616
(C) On and after September 13, 1997, an authorized 618
recipient of personal information about an individual that the 619
bureau of motor vehicles obtained in connection with a motor 620
vehicle record, other than a recipient under division (B)(2)(l) 621
or (m) of this section, may resell or redisclose the personal 623
information only for a use permitted under division (B)(1), 624
(B)(2)(a) to (k), (B)(2)(n), or (B)(2)(o) of this section. On 625
and after September 13, 1997, an authorized recipient of personal 626
information about an individual under division (B)(2)(l) of this 628
section may resell or redisclose the information for any purpose. 629
On and after September 13, 1997, an authorized recipient of 630
personal information under division (B)(2)(m) of this section may 633
resell or redisclose the information as specified pursuant to
that division. On and after September 13, 1997, an authorized 635
recipient of personal information about an individual under
division (B) of this section, other than a recipient under 638
division (B)(2)(l) of this section, that resells or rediscloses 639
any personal information covered by this section must keep for a 640
period of five years a record that identifies each person or 641
entity that receives any of the personal information and the
permitted purpose for which the information is to be used, and 642
17
must make all such records available to the registrar of motor 643
vehicles upon the registrar's request. 644
(D) The registrar may establish and carry out procedures 647
under which the registrar or the registrar's agents, upon receipt 649
of a request for personal information on or after September 13, 650
1997, that does not satisfy any of the criteria for disclosure of 651
the information that are set forth in division (B)(1) or (2) of 652
this section, may notify the individual about whom the 653
information was requested, by regular mail, that the request was 654
made. Any procedures so adopted shall provide that, if the 656
registrar or an agent of the registrar mails the notice to the
individual, the registrar or agent shall include with the notice 657
a copy of the request and conspicuously shall include in the 658
notice a statement that the information will not be released 659
unless the individual waives the individual's right to privacy 660
regarding the information that is granted under this section.
(E) The registrar of motor vehicles may adopt any forms 663
and rules, consistent with but no more restrictive than the
requirements of Public Law No. 130-322, Title XXX, 18 U.S.C. 668
2721-2725, that are necessary to carry out the registrar's duties 669
under this section on and after September 13, 1997. 670
(F) Divisions (A) to (E) of this section do not apply to 673
the release of any personal information prior to September 13, 674
1997.
(G) As used in this section: 676
(1) "Motor vehicle record" means a record that pertains to 678
a motor vehicle driver's or commercial driver's license or 679
permit, a motor vehicle certificate of title, a motor vehicle 680
registration or motor vehicle identification license plates, or 681
an identification card issued by the bureau of motor vehicles. 682
(2) "Person" has the same meaning as in section 1.59 of 684
the Revised Code and does not include this state, another state, 686
or an agency of this state or another state. 687
(3) "Personal information" means information that 689
18
identifies an individual, including, but not limited to, an 690
individual's photograph or digital image, social security number, 692
driver or driver's license identification number, name, telephone 693
number, or medical or disability information, or an individual's
address other than the five-digit zip code number. "Personal 695
information" does not include information pertaining to a
vehicular accident, driving or traffic violation, or driver's 696
status.
(4) "Specified federal automobile-related act" means the 699
"automobile information disclosure act," 72 Stat. 325, 15 U.S.C. 704
1231-1233, the "Motor Vehicle Information and Cost Saving Act," 709
86 Stat. 947, 15 U.S.C. 1901, et seq., the "National Traffic and 713
Motor Vehicle Safety Act of 1966," 80 Stat. 718, 15 U.S.C. 1381, 718
et seq., the "Anti-car Theft Act of 1992," 106 Stat. 3384, 15 721
U.S.C. 2021, et seq., and the "Clean Air Act," 69 Stat. 322, 42 725
U.S.C. 7401, et seq., all as now or hereafter amended. 726
(5) "SENSITIVE PERSONAL INFORMATION" MEANS AN INDIVIDUAL'S 728
PHOTOGRAPH OR DIGITAL IMAGE, SOCIAL SECURITY NUMBER, OR MEDICAL 729
OR DISABILITY INFORMATION. 730
Sec. 4501.271. (A)(1) A PEACE OFFICER MAY FILE A WRITTEN 732
REQUEST WITH THE BUREAU OF MOTOR VEHICLES TO DO EITHER OR BOTH OF 733
THE FOLLOWING: 734
(a) PROHIBIT DISCLOSURE OF THE PEACE OFFICER'S RESIDENCE 736
ADDRESS AS CONTAINED IN MOTOR VEHICLE RECORDS OF THE BUREAU; 737
(b) PROVIDE A BUSINESS ADDRESS TO BE DISPLAYED ON THE 739
PEACE OFFICER'S DRIVER'S LICENSE OR CERTIFICATE OF REGISTRATION, 740
OR BOTH. 741
(2) THE PEACE OFFICER SHALL FILE THE REQUEST ON A FORM 743
PROVIDED BY THE REGISTRAR OF MOTOR VEHICLES AND SHALL PROVIDE ANY 744
DOCUMENTARY EVIDENCE VERIFYING THE PERSON'S STATUS AS A PEACE 745
OFFICER AND BUSINESS ADDRESS THAT THE REGISTRAR REQUIRES PURSUANT 746
TO DIVISION (G) OF THIS SECTION. 747
(B)(1) EXCEPT AS PROVIDED IN DIVISION (C) OF THIS SECTION, 749
IF A PEACE OFFICER HAS FILED A REQUEST UNDER DIVISION (A) OF THIS 750
19
SECTION, NEITHER THE REGISTRAR NOR AN EMPLOYEE OR CONTRACTOR OF 751
THE BUREAU OF MOTOR VEHICLES SHALL KNOWINGLY DISCLOSE THE 752
RESIDENCE ADDRESS OF THE PEACE OFFICER THAT THE BUREAU OBTAINED
IN CONNECTION WITH A MOTOR VEHICLE RECORD. 753
(2) IN ACCORDANCE WITH SECTION 149.43 OF THE REVISED CODE, 755
THE REGISTRAR OR AN EMPLOYEE OR CONTRACTOR OF THE BUREAU SHALL 756
MAKE AVAILABLE FOR INSPECTION OR COPYING A MOTOR VEHICLE RECORD
OF A PEACE OFFICER WHO HAS FILED A REQUEST UNDER DIVISION (A) OF 757
THIS SECTION IF THE RECORD IS A PUBLIC RECORD UNDER THAT SECTION, 758
BUT SHALL OBLITERATE THE RESIDENCE ADDRESS OF THE PEACE OFFICER
FROM THE RECORD BEFORE MAKING THE RECORD AVAILABLE FOR INSPECTION 759
OR COPYING. THE BUSINESS ADDRESS OF THE PEACE OFFICER MAY BE 760
MADE AVAILABLE IN RESPONSE TO A VALID REQUEST UNDER SECTION 761
149.43 OF THE REVISED CODE.
(C) NOTWITHSTANDING DIVISION (B)(2) OF SECTION 4501.27 OF 763
THE REVISED CODE, THE REGISTRAR OR AN EMPLOYEE OR CONTRACTOR OF 765
THE BUREAU MAY DISCLOSE THE RESIDENCE ADDRESS OF A PEACE OFFICER
WHO FILES A REQUEST UNDER DIVISION (A) OF THIS SECTION ONLY IN 766
ACCORDANCE WITH DIVISION (B)(1) OF SECTION 4501.27 OF THE REVISED 767
CODE OR PURSUANT TO A COURT ORDER. 768
(D) IF A PEACE OFFICER FILES A REQUEST UNDER DIVISION 770
(A)(1)(b) OF THIS SECTION, THE OFFICER SHALL STILL PROVIDE A 771
RESIDENCE ADDRESS IN ANY APPLICATION FOR A DRIVER'S LICENSE OR 772
LICENSE RENEWAL AND IN ANY APPLICATION FOR A MOTOR VEHICLE 773
REGISTRATION OR REGISTRATION RENEWAL. IN ACCORDANCE WITH 774
SECTIONS 4503.101 AND 4507.09 OF THE REVISED CODE, AN OFFICER 775
SHALL NOTIFY THE REGISTRAR OF ANY CHANGE IN THE OFFICER'S 776
RESIDENCE WITHIN TEN DAYS AFTER THE CHANGE OCCURS. 777
(E) A CERTIFICATE OF REGISTRATION ISSUED TO A PEACE 779
OFFICER WHO FILES A REQUEST UNDER DIVISION (A)(1)(b) OF THIS 780
SECTION SHALL DISPLAY THE BUSINESS ADDRESS OF THE OFFICER. 781
NOTWITHSTANDING SECTION 4507.13 OF THE REVISED CODE, A DRIVER'S 782
LICENSE ISSUED TO A PEACE OFFICER WHO FILES A REQUEST UNDER 783
DIVISION (A)(1)(b) OF THIS SECTION SHALL DISPLAY THE BUSINESS 784
20
ADDRESS OF THE OFFICER.
(F) THE REGISTRAR MAY UTILIZE THE RESIDENCE ADDRESS OF A 786
PEACE OFFICER WHO FILES A REQUEST UNDER DIVISION (A)(1)(b) OF 787
THIS SECTION IN CARRYING OUT THE FUNCTIONS OF THE BUREAU OF MOTOR 788
VEHICLES, INCLUDING DETERMINING THE DISTRICT OF REGISTRATION FOR 789
ANY APPLICABLE MOTOR VEHICLE TAX LEVIED UNDER CHAPTER 4504. OF 790
THE REVISED CODE, DETERMINING WHETHER TAILPIPE EMISSIONS 791
INSPECTIONS ARE REQUIRED, AND FINANCIAL RESPONSIBILITY 792
VERIFICATION.
(G) THE REGISTRAR SHALL ADOPT RULES GOVERNING A REQUEST 794
FOR CONFIDENTIALITY OF A PEACE OFFICER'S RESIDENCE ADDRESS OR USE 795
OF A BUSINESS ADDRESS, INCLUDING THE DOCUMENTARY EVIDENCE 796
REQUIRED TO VERIFY THE PERSON'S STATUS AS A PEACE OFFICER, THE 797
LENGTH OF TIME THAT THE REQUEST WILL BE VALID, PROCEDURES FOR 798
ENSURING THAT THE BUREAU OF MOTOR VEHICLES RECEIVES NOTICE OF ANY 799
CHANGE IN A PERSON'S STATUS AS A PEACE OFFICER, AND ANY OTHER 800
PROCEDURES THE REGISTRAR CONSIDERS NECESSARY. THE RULES OF THE 801
REGISTRAR MAY REQUIRE A PEACE OFFICER TO SURRENDER ANY
CERTIFICATE OF REGISTRATION AND ANY DRIVER'S LICENSE BEARING THE 802
BUSINESS ADDRESS OF THE OFFICER AND, UPON PAYMENT OF ANY 803
APPLICABLE FEES, TO RECEIVE A CERTIFICATE OF REGISTRATION AND 804
LICENSE BEARING THE OFFICER'S RESIDENCE ADDRESS, WHENEVER THE 805
OFFICER NO LONGER IS ASSOCIATED WITH THAT BUSINESS ADDRESS. 806
(H) AS USED IN THIS SECTION: 808
(1) "MOTOR VEHICLE RECORD" HAS THE SAME MEANING AS IN 810
SECTION 4501.27 OF THE REVISED CODE. 811
(2) "PEACE OFFICER" MEANS THOSE PERSONS DESCRIBED IN 813
DIVISION (A)(1), (2), (4), (5), (6), (9), (10), (12), OR (13) OF 814
SECTION 109.71 OF THE REVISED CODE. "PEACE OFFICER" INCLUDES 817
STATE HIGHWAY PATROL TROOPERS BUT DOES NOT INCLUDE THE SHERIFF OF 818
A COUNTY OR A SUPERVISORY EMPLOYEE WHO, IN THE ABSENCE OF THE 819
SHERIFF, IS AUTHORIZED TO STAND IN FOR, EXERCISE THE AUTHORITY 821
OF, AND PERFORM THE DUTIES OF THE SHERIFF. 822
Sec. 4503.07. In lieu of the schedule of rates for 831
21
commercial cars fixed in section 4503.04 of the Revised Code, the 832
fee shall be ten dollars for each church bus used exclusively to 833
transport members of a church congregation to and from church 834
services or church functions or to transport children and their 835
authorized supervisors to and from any camping function sponsored 836
by a nonprofit, tax-exempt, charitable or philanthropic 837
organization. A church within the meaning of this section is an 838
organized religious group, duly constituted with officers and a 839
board of trustees, regularly holding religious services, and 840
presided over or administered to by a properly accredited
ecclesiastical officer, whose name and standing is published in 841
the official publication of the officer's religious group. 842
The application for registration of such bus shall be 844
accompanied by both of the following, AS APPLICABLE: 845
(A) An affidavit, prescribed by the registrar of motor 847
vehicles and signed by either the senior pastor, minister, 848
priest, or rabbi of the church making application or by the head 849
of the governing body of the church making application, stating 850
that the bus is to be used exclusively to transport members of a 851
church congregation to and from church services or church 853
functions or to transport children and their authorized 854
supervisors to and from any camping function sponsored by a 855
nonprofit, tax-exempt, charitable, or philanthropic organization; 856
(B) A certificate from the state highway patrol stating 858
that the bus involved is safe for operation in accordance with 859
such standards as are prescribed by the state highway patrol IF 861
THE BUS MEETS EITHER OF THE FOLLOWING:
(1) IT ORIGINALLY WAS DESIGNED BY THE MANUFACTURER TO 863
TRANSPORT SIXTEEN OR MORE PASSENGERS, INCLUDING THE DRIVER; 864
(2) IT HAS A GROSS VEHICLE WEIGHT RATING OF TEN THOUSAND 866
ONE POUNDS OR MORE. 867
The form of the license plate and the manner of its 869
attachment to the vehicle shall be prescribed by the registrar. 870
Sec. 4506.01. As used in this chapter: 881
22
(A) "Alcohol concentration" means the concentration of 883
alcohol in a person's blood, breath, or urine. When expressed as 884
a percentage, it means grams of alcohol per the following: 885
(1) One hundred milliliters of blood; 887
(2) Two hundred ten liters of breath; 889
(3) One hundred milliliters of urine. 891
(B) "School bus" has the same meaning as in section 893
4511.01 of the Revised Code. 894
(C) "Commercial driver's license" means a license issued 896
in accordance with this chapter that authorizes an individual to 897
drive a commercial motor vehicle. 898
(D) "Commercial driver license information system" means 900
the information system established pursuant to the requirements 901
of the "Commercial Motor Vehicle Safety Act of 1986," 100 Stat. 902
3207-171, 49 U.S.C.A. App. 2701. 903
(E) Except when used in section 4506.25 of the Revised 905
Code, "commercial motor vehicle" means any motor vehicle designed 908
or used to transport persons or property that meets any of the 909
following qualifications:
(1) Any combination of vehicles with a combined gross 911
vehicle weight rating of twenty-six thousand one pounds or more, 912
provided the gross vehicle weight rating of the vehicle or 913
vehicles being towed is in excess of ten thousand pounds; 914
(2) Any single vehicle with a gross vehicle weight rating 916
of twenty-six thousand one pounds or more, or any such vehicle 917
towing a vehicle having a gross vehicle weight rating that is not 918
in excess of ten thousand pounds; 919
(3) Any single vehicle or combination of vehicles that is 921
not a class A or class B vehicle, but that either is designed to 922
transport sixteen or more passengers including the driver, or is 923
placarded for hazardous materials; 924
(4) Any school bus with a gross vehicle weight rating of 927
less than twenty-six thousand one pounds that is designed to 928
transport fewer than sixteen passengers including the driver; 929
23
(5) Is transporting hazardous materials for which 931
placarding is required by regulations adopted under the 932
"Hazardous Materials Transportation Act," 88 Stat. 2156 (1975), 933
49 U.S.C.A. 1801, as amended; 934
(6) Any single vehicle or combination of vehicles that is 936
designed to be operated and to travel on a public street or 937
highway and is considered by the federal highway administration 938
to be a commercial motor vehicle, including, but not limited to, 939
a motorized crane, a vehicle whose function is to pump cement, a 940
rig for drilling wells, and a portable crane.
(F) "Controlled substance" means all of the following: 942
(1) Any substance classified as a controlled substance 944
under the "Controlled Substances Act," 80 Stat. 1242 (1970), 21 945
U.S.C.A. 802(6), as amended; 946
(2) Any substance included in schedules I through V of 21 948
C.F.R. part 1308, as amended; 949
(3) Any drug of abuse. 951
(G) "Conviction" means an unvacated adjudication of guilt 953
or a determination that a person has violated or failed to comply 954
with the law in a court of original jurisdiction or an authorized 956
administrative tribunal, an unvacated forfeiture of bail or 957
collateral deposited to secure the person's appearance in court,
the payment of a fine or court cost, or violation of a condition 958
of release without bail, regardless of whether or not the penalty 959
is rebated, suspended, or probated. 960
(H) "Disqualification" means withdrawal of the privilege 962
to drive a commercial motor vehicle. 963
(I) "Drive" means to drive, operate, or be in physical 965
control of a motor vehicle. 966
(J) "Driver" means any person who drives, operates, or is 968
in physical control of a commercial motor vehicle or is required 969
to have a commercial driver's license. 970
(K) "Driver's license" means a license issued by the 972
bureau of motor vehicles that authorizes an individual to drive. 973
24
(L) "Drug of abuse" means any controlled substance, 975
dangerous drug as defined in section 4729.01 of the Revised Code, 976
or over-the-counter medication that, when taken in quantities 977
exceeding the recommended dosage, can result in impairment of 978
judgment or reflexes. 979
(M) "Employer" means any person, including the federal 981
government, any state, and a political subdivision of any state, 982
that owns or leases a commercial motor vehicle or assigns a 983
person to drive such a motor vehicle. 984
(N) "Endorsement" means an authorization on a person's 986
commercial driver's license that is required to permit the person 987
to operate a specified type of commercial motor vehicle. 988
(O) "Felony" means any offense under federal or state law 990
that is punishable by death or specifically classified as a 991
felony under the law of this state, regardless of the penalty 992
that may be imposed. 993
(P) "Foreign jurisdiction" means any jurisdiction other 995
than a state. 996
(Q) "Gross vehicle weight rating" means the value 998
specified by the manufacturer as the maximum loaded weight of a 999
single or a combination vehicle. The gross vehicle weight rating 1,000
of a combination vehicle is the gross vehicle weight rating of 1,001
the power unit plus the gross vehicle weight rating of each towed 1,002
unit. 1,003
(R) "Hazardous materials" means materials identified as 1,005
such under regulations adopted under the "Hazardous Materials 1,006
Transportation Act," 88 Stat. 2156 (1975), 49 U.S.C.A. 1801, as 1,007
amended. 1,008
(S) "Motor vehicle" has the same meaning as in section 1,010
4511.01 of the Revised Code. 1,011
(T) Except when used in sections 4506.25 and 4506.26 of 1,013
the Revised Code, "out-of-service order" means a temporary 1,014
prohibition against driving a commercial motor vehicle issued 1,015
under this chapter or a similar law of another state or of a 1,016
25
foreign jurisdiction. 1,017
(U) "Residence" means any person's residence determined in 1,019
accordance with standards prescribed in rules adopted by the 1,021
registrar.
(V) "Temporary residence" means residence on a temporary 1,023
basis as determined by the registrar in accordance with standards 1,024
prescribed in rules adopted by the registrar. 1,025
(W) "Serious traffic violation" means a conviction arising 1,027
from the operation of a commercial motor vehicle that involves 1,028
any of the following: 1,029
(1) A single charge of any speed that is in excess of the 1,031
posted speed limit by an amount specified by the United States 1,032
secretary of transportation and that the director of public 1,033
safety designates as such by rule; 1,034
(2) Violation of section 4511.20, 4511.201, or 4511.202 of 1,036
the Revised Code or any similar ordinance or resolution, or of 1,037
any similar law of another state or political subdivision of 1,038
another state; 1,039
(3) Violation of a law of this state or an ordinance or 1,041
resolution relating to traffic control, other than a parking 1,042
violation, or of any similar law of another state or political 1,043
subdivision of another state, that results in a fatal accident; 1,044
(4) Violation of any other law of this state or an 1,046
ordinance or resolution relating to traffic control, other than a 1,047
parking violation, that is determined to be a serious traffic 1,048
violation by the United States secretary of transportation and 1,049
the director designates as such by rule. 1,050
(X) "State" means a state of the United States and 1,052
includes the District of Columbia. 1,053
(Y) "Tank vehicle" means any commercial motor vehicle that 1,055
is designed to transport any liquid AND HAS A MAXIMUM CAPACITY 1,056
GREATER THAN ONE HUNDRED NINETEEN GALLONS or IS DESIGNED TO 1,057
TRANSPORT gaseous materials AND HAS A WATER CAPACITY GREATER THAN 1,058
ONE THOUSAND POUNDS within a tank that is either permanently or 1,060
26
temporarily attached to the vehicle or its chassis, but. "TANK 1,061
VEHICLE" does not include any EITHER OF THE FOLLOWING: 1,062
(1) ANY portable tank having a rated capacity of less than 1,065
one thousand gallons;
(2) TANKS USED EXCLUSIVELY AS A FUEL TANK FOR THE MOTOR 1,067
VEHICLE TO WHICH IT IS ATTACHED. 1,068
(Z) "United States" means the fifty states and the 1,070
District of Columbia. 1,071
(AA) "Vehicle" has the same meaning as in section 4511.01 1,073
of the Revised Code. 1,074
(BB) "Peace officer" has the same meaning as in section 1,076
2935.01 of the Revised Code. 1,077
(CC) "PORTABLE TANK" MEANS A LIQUID OR GASEOUS PACKAGING 1,079
DESIGNED PRIMARILY TO BE LOADED ON OR TEMPORARILY ATTACHED TO A 1,080
VEHICLE AND EQUIPPED WITH SKIDS, MOUNTINGS, OR ACCESSORIES TO 1,081
FACILITATE HANDLING OF THE TANK BY MECHANICAL MEANS. 1,082
Sec. 4506.011. FOR PURPOSES OF THIS CHAPTER, THE ACTUAL 1,084
GROSS WEIGHT OF A VEHICLE OR COMBINATION OF VEHICLES MAY BE USED 1,085
IN LIEU OF A GROSS VEHICLE WEIGHT RATING TO DETERMINE WHETHER A 1,086
VEHICLE OR COMBINATION OF VEHICLES QUALIFIES AS A COMMERCIAL 1,087
MOTOR VEHICLE IF THE GROSS VEHICLE WEIGHT RATING SPECIFIED BY THE 1,088
MANUFACTURER FOR THE VEHICLE OR COMBINATION OF VEHICLES IS NOT 1,089
DETERMINABLE, OR IF THE MANUFACTURER OF THE VEHICLE HAS NOT 1,090
SPECIFIED A GROSS VEHICLE WEIGHT RATING. 1,091
Sec. 4506.09. (A) The registrar of motor vehicles, 1,100
subject to approval by the director of public safety, shall adopt 1,101
rules conforming with applicable standards adopted by the federal 1,102
highway administration as regulations under the "Commercial Motor 1,103
Vehicle Safety Act of 1986," 100 Stat. 3207-171, 49 U.S.C.A. App. 1,104
2701. The rules shall establish requirements for the 1,105
qualification and testing of persons applying for a commercial 1,106
driver's license, which shall be in addition to other 1,107
requirements established by this chapter. Except as provided in 1,108
division (B) of this section, the highway patrol OR ANY OTHER 1,109
27
EMPLOYEE OF THE DEPARTMENT OF PUBLIC SAFETY THE REGISTRAR 1,110
AUTHORIZES shall supervise and conduct the testing of persons 1,111
applying for a commercial driver's license. 1,112
(B) The director may adopt rules, in accordance with 1,114
Chapter 119. of the Revised Code and applicable requirements of 1,115
the federal highway administration, authorizing the skills test 1,116
specified in this section to be administered by any person, by an 1,117
agency of this or another state, or by an agency, department, or 1,118
instrumentality of local government and establishing a maximum 1,119
fee that may be charged by the other party, provided the skills 1,120
test is the same that otherwise would be administered by this 1,121
state and that the other party has entered into an agreement with 1,122
the director that includes, without limitation, all of the 1,123
following: 1,124
(1) Allows the director or his THE DIRECTOR'S 1,126
representative and the federal highway administration or its 1,128
representative to conduct random examinations, inspections, and 1,129
audits of the other party without prior notice; 1,130
(2) Requires the director or his THE DIRECTOR'S 1,132
representative to conduct on-site inspections of the other party 1,134
at least annually;
(3) Requires that all examiners of the other party meet 1,136
the same qualification and training standards as examiners of the 1,137
department of public safety, to the extent necessary to conduct 1,138
skills tests in the manner required by 49 C.F.R. 383.110 through 1,139
383.135; 1,140
(4) Requires either that state employees take, at least 1,142
annually and as though the employees were test applicants, the 1,143
tests actually administered by the other party, that the director 1,144
test a sample of drivers who were examined by the other party to 1,145
compare the test results, or that state employees accompany a 1,146
test applicant during an actual test; 1,147
(5) Reserves to this state the right to take prompt and 1,149
appropriate remedial action against testers of the other party if 1,150
28
the other party fails to comply with standards of this state or 1,151
federal standards for the testing program or with any other terms 1,152
of the contract. 1,153
(C) The director shall enter into an agreement with the 1,155
department of education authorizing the skills test specified in 1,156
this section to be administered by the department at any location 1,157
operated by the department for purposes of training and testing 1,158
school bus drivers, provided that the agreement between the 1,159
director and the department complies with the requirements of 1,160
division (B) of this section. Skills tests administered by the 1,161
department shall be limited to persons applying for a commercial 1,162
driver's license with a school bus endorsement. 1,163
(D) The director shall adopt rules, in accordance with 1,165
Chapter 119. of the Revised Code, authorizing waiver of the 1,166
skills test specified in this section for any applicant for a 1,167
commercial driver's license who meets all of the following 1,168
requirements: 1,169
(1) Certifies that, during the two-year period immediately 1,171
preceding his application for a commercial driver's license, all 1,172
of the following apply: 1,173
(a) He THE APPLICANT has not had more than one license; 1,175
(b) He THE APPLICANT has not had any license suspended, 1,177
revoked, or canceled; 1,179
(c) He THE APPLICANT has not had any convictions for any 1,181
type of motor vehicle for the offenses for which disqualification 1,183
is prescribed in section 4506.16 of the Revised Code; 1,184
(d) He THE APPLICANT has not had any violation of a state 1,186
or local law relating to motor vehicle traffic control other than 1,188
a parking violation arising in connection with any traffic 1,189
accident and has no record of an accident in which he THE 1,190
APPLICANT was at fault.
(2) Certifies and also provides evidence that he THE 1,192
APPLICANT is regularly employed in a job requiring him to operate 1,194
OPERATION OF a commercial motor vehicle and that one of the 1,196
29
following applies:
(a) He THE APPLICANT has previously taken and passed a 1,198
skills Test given by a state with a classified licensing and 1,200
testing system in which the test was behind-the-wheel in a 1,201
representative vehicle for his THE APPLICANT'S commercial 1,202
driver's license classification; 1,203
(b) He THE APPLICANT has regularly operated, for at least 1,205
two years immediately preceding his application for a commercial 1,207
driver's license, a vehicle representative of the commercial 1,208
motor vehicle he THE APPLICANT operates or expects to operate. 1,209
(E)(1) The department of public safety may charge and 1,211
collect a divisible fee of fifty dollars for each skills test 1,212
given as part of a commercial driver's license examination. The 1,213
fee shall consist of ten dollars for the pre-trip inspection 1,214
portion of the test, ten dollars for the off-road maneuvering 1,215
portion of the test, and thirty dollars for the on-road portion 1,216
of the test.
(2) The director may require an applicant for a commercial 1,218
driver's license who schedules an appointment with the highway 1,219
patrol OR OTHER AUTHORIZED EMPLOYEE OF THE DEPARTMENT OF PUBLIC 1,220
SAFETY to take all portions of the skills test, to pay an 1,221
appointment fee of fifty dollars at the time he schedules OF 1,222
SCHEDULING the appointment. If the applicant appears at the time 1,223
and location specified for the appointment and takes all portions 1,224
of the skills test during that appointment, the appointment fee 1,225
shall serve as the skills test fee. If the applicant schedules 1,226
an appointment with the highway patrol to take all portions of 1,228
the skills test and fails to appear at the time and location
specified for the appointment, no portion of the appointment fee 1,229
shall be refunded. If the applicant schedules an appointment 1,230
with the highway patrol to take all portions of the skills test 1,233
and appears at the time and location specified for the 1,234
appointment, but declines or is unable to take all portions of 1,235
the skills test, the appointment fee shall serve as the skills
30
test fee. If the applicant cancels a scheduled appointment 1,237
forty-eight hours or more prior to the time of the appointment 1,238
time, the applicant shall not forfeit his THE appointment fee. 1,240
An applicant for a commercial driver's license who 1,242
schedules an appointment with the highway patrol to take one or 1,243
more, but not all, portions of the skills test shall not be 1,245
required to pay any appointment fee when scheduling such an 1,246
appointment.
(3) All fees collected under division (E) of this section 1,248
shall be deposited in the state highway safety fund. 1,249
(F) As used in this section, "skills test" means a test of 1,251
an applicant's ability to drive the type of commercial motor 1,252
vehicle for which he THE APPLICANT seeks a commercial driver's 1,253
license by having the applicant drive such a motor vehicle while 1,255
under the supervision of an authorized state driver's license 1,256
examiner or tester. 1,257
Sec. 4506.13. (A) The registrar may authorize the highway 1,266
patrol OR ANY OTHER EMPLOYEE OF THE DEPARTMENT OF PUBLIC SAFETY 1,267
to issue an examiner's commercial examinations passed form to an 1,269
applicant who has passed the required examinations. The
examiner's commercial examinations passed form shall be used, 1,270
once it has been validated, to indicate the examinations taken 1,271
and passed by the commercial driver's license applicant. 1,272
(B) Before issuing a commercial driver's license, the 1,274
registrar of motor vehicles shall obtain information about the 1,275
applicant's driving record through the commercial driver license 1,276
information system, when available, and the national driver 1,277
register. If the record check reveals information that the 1,278
applicant claims is outdated, contested, or invalid, the 1,279
registrar shall deny the application until the applicant can 1,280
resolve the conflict. 1,281
Within ten days after issuing a commercial driver's 1,283
license, the registrar shall notify the commercial driver license 1,284
information system, when available, of that fact and shall 1,285
31
provide all information required to ensure identification of the 1,286
licensee. 1,287
Sec. 4506.16. (A) Whoever violates division (A) of 1,296
section 4506.15 of the Revised Code or a similar law of another 1,297
state or a foreign jurisdiction, immediately shall be placed 1,298
out-of-service for twenty-four hours, in addition to any 1,299
disqualification required by this section and any other penalty 1,300
imposed by the Revised Code. 1,301
(B) The registrar of motor vehicles shall disqualify any 1,303
person from operating a commercial motor vehicle as follows: 1,304
(1) Upon a first conviction for a violation of divisions 1,306
(B) to (G) of section 4506.15 of the Revised Code or a similar 1,307
law of another state or a foreign jurisdiction, one year, in 1,308
addition to any other penalty imposed by the Revised Code; 1,309
(2) Upon a first conviction for a violation of division 1,311
(H) of section 4506.15 of the Revised Code or a similar law of 1,312
another state or a foreign jurisdiction, three years, in addition 1,313
to any other penalty imposed by the Revised Code; 1,314
(3) Upon a second conviction for a violation of divisions 1,316
(B) to (G) of section 4506.15 of the Revised Code or a similar 1,317
law of another state or a foreign jurisdiction, or any 1,318
combination of such violations arising from two or more separate 1,319
incidents, the person shall be disqualified for life or for any 1,320
other period of time as determined by the United States secretary 1,321
of transportation and designated by the director of public safety 1,322
by rule, in addition to any other penalty imposed by the Revised 1,323
Code; 1,324
(4) Upon conviction of a violation of division (E) of 1,326
section 4506.15 of the Revised Code or a similar law of another 1,327
state or a foreign jurisdiction in connection with the 1,328
manufacture, distribution, or dispensing of a controlled 1,329
substance or the possession with intent to manufacture, 1,330
distribute, or dispense a controlled substance, the person shall 1,331
be disqualified for life, in addition to any other penalty 1,332
32
imposed by the Revised Code; 1,333
(5) Upon conviction of two serious traffic violations 1,335
involving the operation of a commercial motor vehicle by the 1,336
person and arising from separate incidents occurring in a 1,337
three-year period, the person shall be disqualified for sixty 1,338
days, in addition to any other penalty imposed by the Revised 1,339
Code; 1,340
(6) Upon conviction of three serious traffic violations 1,342
involving the operation of a commercial motor vehicle by the 1,343
person and arising from separate incidents occurring in a 1,344
three-year period, the person shall be disqualified for one 1,345
hundred twenty days, in addition to any other penalty imposed by 1,346
the Revised Code. 1,347
(C) For the purposes of this section, conviction of a 1,349
violation for which disqualification is required may be evidenced 1,350
by any of the following: 1,351
(1) A judgment entry of a court of competent jurisdiction 1,353
in this or any other state; 1,354
(2) An administrative order of a state agency of a THIS OR 1,356
ANY OTHER state other than Ohio having statutory jurisdiction 1,358
over commercial drivers;
(3) A computer record obtained from or through the 1,360
commercial driver's license information system; 1,361
(4) A computer record obtained from or through a state 1,363
agency of a THIS OR ANY OTHER state other than Ohio having 1,365
statutory jurisdiction over commercial drivers or the records of 1,366
commercial drivers.
(D) Any record described in division (C) of this section 1,368
shall be deemed to be self-authenticating when it is received by 1,369
the bureau of motor vehicles. 1,370
(E) When disqualifying a driver, the registrar shall cause 1,372
the records of the bureau to be updated to reflect that action 1,373
within ten days after it occurs. 1,374
(F) The registrar immediately shall notify a driver who is 1,376
33
finally convicted of any offense described in section 4506.15 of 1,377
the Revised Code or division (B)(4), (5), or (6) of this section 1,378
and thereby is subject to disqualification, of the offense or 1,379
offenses involved, of the length of time for which 1,380
disqualification is to be imposed, and that the driver may 1,381
request a hearing within thirty days of the mailing of the notice 1,382
to show cause why the driver should not be disqualified from 1,383
operating a commercial motor vehicle. If a request for such a 1,385
hearing is not made within thirty days of the mailing of the 1,386
notice, the order of disqualification is final. The registrar 1,387
may designate hearing examiners who, after affording all parties 1,388
reasonable notice, shall conduct a hearing to determine whether 1,389
the disqualification order is supported by reliable evidence. 1,390
The registrar shall adopt rules to implement this division. 1,391
(G) Any person who is disqualified from operating a 1,393
commercial motor vehicle under this section may apply to the 1,394
registrar for a driver's license to operate a motor vehicle other 1,395
than a commercial motor vehicle, provided the person's commercial 1,396
driver's license is not otherwise suspended or revoked. A person 1,397
whose commercial driver's license is suspended or revoked shall 1,398
not apply to the registrar for or receive a driver's license 1,399
under Chapter 4507. of the Revised Code during the period of 1,400
suspension or revocation. 1,401
Sec. 4507.10. (A) The registrar of motor vehicles shall 1,414
examine every applicant for a temporary instruction permit, 1,415
driver's license, or motorcycle operator's endorsement before 1,417
issuing any such permit, license, or endorsement. 1,418
(B) Except as provided in section 4507.12 of the Revised 1,420
Code, the registrar may waive the examination of any person 1,421
applying for the renewal of a driver's license or motorcycle 1,422
operator's endorsement issued under this chapter, provided that 1,423
IF the applicant PERSON presents AND SURRENDERS either an 1,425
unexpired license or endorsement or a license or endorsement 1,426
which has expired not more than six months prior to the date of 1,427
34
application. EXCEPT AS PROVIDED IN SECTION 4507.12 OF THE 1,428
REVISED CODE, THE REGISTRAR MAY WAIVE THE EXAMINATION OF ANY
PERSON APPLYING FOR A DRIVER'S LICENSE IF THE PERSON PRESENTS AND 1,429
SURRENDERS A VALID LICENSE ISSUED BY ANOTHER STATE AND THE 1,430
LICENSE IS UNEXPIRED OR EXPIRED NOT MORE THAN SIX MONTHS. 1,431
(C) The registrar may waive the examination of any person 1,433
applying for the renewal of such a license or endorsement who is 1,434
on active duty in the armed forces of the United States or in 1,436
service with the peace corps, volunteers in service to America, 1,437
or the foreign service of the United States if the applicant has 1,438
no physical or mental disabilities that would affect the 1,439
applicant's driving ability, had a valid Ohio driver's or 1,440
commercial driver's license at the time the applicant commenced 1,442
such active duty or service, and the applicant's license is not 1,443
under suspension or revocation by this state or any other 1,444
jurisdiction. The registrar also may waive the examination of 1,445
the spouse or a dependent of any such person on active duty or in
service if the applicant has no physical or mental disabilities 1,446
that would affect his THE APPLICANT'S driving ability, was an 1,448
Ohio licensee at the time the person commenced the active duty or 1,449
service, and if the person's active duty caused the spouse or
dependent to relocate outside of this state during the period of 1,450
the active duty or service. 1,451
(D) Except as provided in section 4507.12 of the Revised 1,453
Code, the registrar may waive the examination of any person 1,454
applying for such a license or endorsement who meets any of the 1,455
following sets of qualifications: 1,456
(1) Has been on active duty in the armed forces of the 1,459
United States, presents an honorable discharge certificate 1,460
showing that the applicant has no physical or mental disabilities 1,461
that would affect the applicant's driving ability, had a valid 1,463
Ohio driver's or commercial driver's license at the time the 1,465
applicant commenced his THE APPLICANT'S active duty, is not under 1,466
a license suspension or revocation by this state or any other 1,467
35
jurisdiction, and makes the application not more than six months 1,468
after the date of discharge or separation;. 1,470
(2) Was in service with the peace corps, volunteers in 1,472
service to America, or the foreign service of the United States; 1,473
presents such evidence of his THE APPLICANT'S service as the 1,474
registrar prescribes showing that the applicant has no physical 1,476
or mental disabilities that would affect THE applicant's driving 1,477
ability; had a valid Ohio driver's or commercial driver's license 1,479
at the time the applicant commenced his THE APPLICANT'S service, 1,481
is not under a license suspension or revocation by this state or 1,482
any other jurisdiction, and makes the application no more than 1,483
six months after leaving the peace corps, volunteers, or foreign 1,484
service.
(3) Is the spouse or a dependent of a person on active 1,486
duty in the armed forces of the United States, or in service with 1,487
the peace corps, volunteers in service to America, or the foreign 1,488
service of the United States; presents such evidence as the 1,489
registrar prescribes showing that the applicant has no physical 1,490
or mental disabilities that would affect his driving ability;
presents such evidence as the registrar prescribes showing that 1,491
the applicant relocated outside of Ohio as a result of the 1,492
person's active duty or service; was an Ohio licensee at the time 1,493
of the relocation; and makes the application not more than six 1,494
months after returning to Ohio.
Sec. 4507.101. (A) THE REGISTRAR OF MOTOR VEHICLES MAY 1,496
ENTER INTO A RECIPROCAL ARRANGEMENT WITH ANOTHER COUNTRY FOR 1,497
RECIPROCAL RECOGNITION OF DRIVER'S LICENSES IF BOTH OF THE 1,499
FOLLOWING CONDITIONS ARE SATISFIED:
(1) THE COUNTRY GRANTS THE SAME OR SIMILAR EXEMPTIONS 1,501
RELATING TO DRIVERS' LICENSES TO PERSONS HOLDING VALID DRIVER'S 1,502
LICENSES ISSUED BY THIS STATE; 1,503
(2) THE COUNTRY CHARGES ONLY REASONABLE FEES FOR DRIVER'S 1,505
LICENSE APPLICATIONS, AS DETERMINED BY THE REGISTRAR IN THE 1,506
REGISTRAR'S SOLE DISCRETION, AND THE FEES ARE CHARGED IMPARTIALLY 1,507
36
TO ALL APPLICANTS. 1,508
(B) THE REGISTRAR SHALL NOT ENTER INTO A RECIPROCAL 1,510
ARRANGEMENT, AND SHALL CANCEL ANY SUCH ARRANGEMENT PREVIOUSLY 1,511
ENTERED INTO, IF THE COUNTRY DOES NOT COMPLY WITH DIVISIONS 1,512
(A)(1) AND (2) OF THIS SECTION. 1,513
(C) EXCEPT AS PROVIDED IN SECTION 4507.12 OF THE REVISED 1,515
CODE, THE REGISTRAR MAY WAIVE THE EXAMINATION OF ANY PERSON 1,516
APPLYING FOR A DRIVER'S LICENSE IF THE PERSON PRESENTS A VALID, 1,517
UNEXPIRED LICENSE ISSUED BY A COUNTRY WITH WHICH THE REGISTRAR 1,518
HAS A RECIPROCAL ARRANGEMENT. 1,519
(D) THE REGISTRAR MAY PRESCRIBE THE CONDITIONS UPON WHICH 1,521
A DRIVER'S LICENSE MAY BE ISSUED OR RETAINED UNDER THIS SECTION. 1,522
THE REGISTRAR SHALL NOT PROHIBIT AN APPLICANT FROM RETAINING THE 1,523
FOREIGN LICENSE AFTER THE REGISTRAR OR DEPUTY REGISTRAR ISSUING 1,524
THE OHIO LICENSE VIEWS AND AUTHENTICATES THE FOREIGN LICENSE. 1,525
Sec. 4507.11. The registrar of motor vehicles shall 1,534
conduct all necessary examinations of applicants for temporary 1,535
instruction permits, drivers' licenses, or motorcycle operators' 1,537
endorsements. The examination shall include a test of the 1,538
applicant's knowledge of motor vehicle laws, including the laws 1,539
on stopping for school buses, a test of the applicant's physical 1,540
fitness to drive, and a test of the applicant's ability to 1,542
understand highway traffic control devices. The examination may 1,543
be conducted in such a manner that applicants who are illiterate 1,544
or limited in their knowledge of the English language may be 1,545
tested by methods that would indicate to the examining officer 1,546
that the applicant has a reasonable knowledge of motor vehicle 1,547
laws and understands highway traffic control devices. An 1,548
applicant for a driver's license shall give an actual 1,549
demonstration of the ability to exercise ordinary and reasonable 1,550
control in the operation of a motor vehicle by driving the same 1,551
under the supervision of an examining officer. An applicant for 1,552
a motorcycle operator's endorsement shall give an actual 1,553
demonstration of the ability to exercise ordinary and reasonable 1,555
37
control in the operation of a motorcycle by driving the same 1,556
under the supervision of an examining officer. Except as 1,557
provided in section 4507.12 of the Revised Code, the registrar 1,558
shall designate the highway patrol or, any law enforcement body, 1,560
OR ANY OTHER EMPLOYEE OF THE DEPARTMENT OF PUBLIC SAFETY to 1,561
supervise and conduct examinations for temporary instruction
permits, drivers' licenses, and motorcycle operators' 1,563
endorsements and shall provide the necessary rules and forms to 1,564
properly conduct the examinations. The records of the 1,565
examinations, together with the application for a temporary 1,567
instruction permit, driver's license, or motorcycle operator's 1,568
endorsement, shall be forwarded to the registrar by the deputy 1,569
registrar, and, if in the opinion of the registrar the applicant 1,570
is qualified to operate a motor vehicle, the registrar shall 1,571
issue the permit, license, or endorsement. 1,573
The registrar may authorize the highway patrol or, other 1,575
designated law enforcement body, OR OTHER DESIGNATED EMPLOYEE OF 1,576
THE DEPARTMENT OF PUBLIC SAFETY to issue an examiner's driving 1,577
permit to an applicant who has passed the required examination, 1,578
authorizing that applicant to operate a motor vehicle while the 1,579
registrar is completing an investigation relative to that 1,581
applicant's qualifications to receive a temporary instruction
permit, driver's license, or motorcycle operator's endorsement. 1,583
The examiner's driving permit shall be in the immediate 1,584
possession of the applicant while operating a motor vehicle and 1,585
shall be effective until final action and notification has been 1,586
given by the registrar, but in no event longer than sixty days 1,587
from its date of issuance.
Sec. 4511.77. No person shall operate, nor shall any 1,596
person being the owner thereof or having supervisory 1,597
responsibility therefor permit the operation of, a school bus 1,598
within this state unless it is painted national school bus chrome 1,599
number two YELLOW and is marked on both front and rear with the 1,600
words "school bus" in black lettering not less than eight inches
38
in height and on the rear of the bus with the word "stop" in 1,601
black lettering not less than ten inches in height. 1,602
Sec. 4513.071. All EVERY motor vehicles VEHICLE, TRAILER, 1,612
SEMITRAILER, AND POLE TRAILER when operated upon a highway shall
be equipped with at least one TWO OR MORE stop light LIGHTS, 1,615
EXCEPT THAT PASSENGER CARS MANUFACTURED OR ASSEMBLED PRIOR TO 1,616
JANUARY 1, 1967, MOTORCYCLES, AND MOTOR-DRIVEN CYCLES SHALL BE
EQUIPPED WITH AT LEAST ONE STOP LIGHT. STOP LIGHTS SHALL BE 1,617
mounted on the rear of the vehicle which shall be, actuated upon 1,619
application of the service brake, and which may be incorporated 1,621
with other rear lights. Such stop lights when actuated shall
emit a red light visible from a distance of five hundred feet to 1,623
the rear, provided that in the case of a train of vehicles only 1,624
the stop lights on the rear-most vehicle need be visible from the 1,625
distance specified.
Such stop lights when actuated shall give a steady warning 1,627
light to the rear of a vehicle or train of vehicles to indicate 1,628
the intention of the operator to diminish the speed of or stop a 1,629
vehicle or train of vehicles.
When stop lights are used as required by this section, they 1,631
shall be constructed or installed so as to provide adequate and 1,632
reliable illumination and shall conform to the appropriate rules 1,633
and regulations established under section 4513.19 of the Revised 1,634
Code.
Historical motor vehicles as defined in section 4503.181 of 1,636
the Revised Code, NOT ORIGINALLY MANUFACTURED WITH STOP LIGHTS, 1,638
are not subject to this section. 1,639
Sec. 4513.20. The following requirements govern as to 1,648
brake equipment on vehicles: 1,649
(A) Every trackless trolley and motor vehicle, other than 1,651
a motorcycle, when operated upon a highway shall be equipped with 1,652
brakes adequate to control the movement of and to stop and hold 1,653
such trackless trolley or motor vehicle, including two separate 1,654
means of applying the brakes, each of which means shall be 1,655
39
effective to apply the brakes to at least two wheels. If these 1,656
two separate means of applying the brakes are connected in any 1,657
way, then on such trackless trolleys or motor vehicles 1,658
manufactured or assembled after January 1, 1942, they shall be so 1,659
constructed that failure of any one part of the operating 1,660
mechanism shall not leave the trackless trolley or motor vehicle 1,661
without brakes on at least two wheels. 1,662
(B) Every motorcycle, when operated upon a highway shall 1,664
be equipped with at least one adequate brake, which may be 1,665
operated by hand or by foot. 1,666
(C) Every motorized bicycle shall be equipped with brakes 1,668
meeting the rules adopted by the director of public safety under 1,669
section 4511.521 of the Revised Code. 1,670
(D) Every trailer or semitrailer, except a pole trailer, 1,672
of a gross weight of two thousand pounds or more, manufactured or 1,673
assembled on or after January 1, 1942, when WHEN operated upon 1,674
the highways of this state, THE FOLLOWING VEHICLES shall be 1,675
equipped with brakes adequate to control the movement of and to 1,677
stop and to hold such THE vehicle and so, designed as to be 1,678
applied by the driver of the towing motor vehicle from its cab, 1,679
and said brakes shall be so ALSO designed and connected SO that, 1,681
in case of a breakaway of the towed vehicle, the brakes shall be 1,682
automatically applied:
(1) EVERY TRAILER OR SEMITRAILER, EXCEPT A POLE TRAILER, 1,684
WITH AN EMPTY WEIGHT OF TWO THOUSAND POUNDS OR MORE, MANUFACTURED 1,685
OR ASSEMBLED ON OR AFTER JANUARY 1, 1942; 1,686
(2) EVERY MANUFACTURED HOME OR TRAVEL TRAILER WITH AN 1,688
EMPTY WEIGHT OF TWO THOUSAND POUNDS OR MORE, MANUFACTURED OR 1,689
ASSEMBLED ON OR AFTER JANUARY 1, 2001. 1,690
(E) In any combination of motor-drawn trailers or 1,692
semitrailers equipped with brakes, means shall be provided for 1,693
applying the rearmost brakes in approximate synchronism with the 1,694
brakes on the towing vehicle, and developing the required braking 1,695
effort on the rearmost wheels at the fastest rate; or means shall 1,696
40
be provided for applying braking effort first on the rearmost 1,697
brakes; or both of the above means, capable of being used 1,698
alternatively, may be employed. 1,699
(F) Every vehicle and combination of vehicles, except 1,701
motorcycles and motorized bicycles, and except trailers and 1,702
semitrailers of a gross weight of less than two thousand pounds, 1,703
and pole trailers, shall be equipped with parking brakes adequate 1,704
to hold the vehicle on any grade on which it is operated, under 1,705
all conditions of loading, on a surface free from snow, ice, or 1,706
loose material. The parking brakes shall be capable of being 1,707
applied in conformance with the foregoing requirements by the 1,708
driver's muscular effort or by spring action or by equivalent 1,709
means. Their operation may be assisted by the service brakes or 1,710
other source of power provided that failure of the service brake 1,711
actuation system or other power assisting mechanism will not 1,712
prevent the parking brakes from being applied in conformance with 1,713
the foregoing requirements. The parking brakes shall be so 1,714
designed that when once applied they shall remain applied with 1,715
the required effectiveness despite exhaustion of any source of 1,716
energy or leakage of any kind. 1,717
(G) The same brake drums, brake shoes and lining 1,719
assemblies, brake shoe anchors, and mechanical brake shoe 1,720
actuation mechanism normally associated with the wheel brake 1,721
assemblies may be used for both the service brakes and the 1,722
parking brakes. If the means of applying the parking brakes and 1,723
the service brakes are connected in any way, they shall be so 1,724
constructed that failure of any one part shall not leave the 1,725
vehicle without operative brakes. 1,726
(H) Every trackless trolley, motor vehicle, or combination 1,728
of motor-drawn vehicles shall be capable at all times and under 1,729
all conditions of loading of being stopped on a dry, smooth, 1,730
level road free from loose material, upon application of the 1,731
service or foot brake, within the following specified distances, 1,732
or shall be capable of being decelerated at a sustained rate 1,733
41
corresponding to these distances: 1,734
(1) Trackless trolleys, vehicles, or combinations of 1,736
vehicles having brakes on all wheels shall come to a stop in 1,737
thirty feet or less from a speed of twenty miles per hour. 1,738
(2) Vehicles or combinations of vehicles not having brakes 1,740
on all wheels shall come to a stop in forty feet or less from a 1,741
speed of twenty miles per hour. 1,742
(I) All brakes shall be maintained in good working order 1,744
and shall be so adjusted as to operate as equally as practicable 1,745
with respect to the wheels on opposite sides of the trackless 1,746
trolley or vehicle. 1,747
Sec. 4513.261. (A)(1) No person shall sell OPERATE any 1,757
motor vehicle nor shall any motor vehicle be registered which has 1,758
been manufactured or assembled on or after January 1, 1954, 1,759
unless such THE vehicle is equipped with electrical or mechanical 1,760
directional signals. 1,761
(2) NO PERSON SHALL OPERATE ANY MOTORCYCLE OR MOTOR-DRIVEN 1,763
CYCLE MANUFACTURED OR ASSEMBLED ON OR AFTER JANUARY 1, 1968, 1,764
UNLESS THE VEHICLE IS EQUIPPED WITH ELECTRICAL OR MECHANICAL 1,765
DIRECTIONAL SIGNALS.
(B) "Directional signals" means an electrical or 1,767
mechanical signal device capable of clearly indicating an 1,769
intention to turn either to the right or to the left and which 1,770
shall be visible from both the front and rear.
(C) All mechanical signal devices shall be 1,772
self-illuminating devices when in use at the times mentioned in 1,774
section 4513.03 of the Revised Code.
This section shall not apply to motorcycles or motor-driven 1,776
cycles.
Sec. 4513.50. AS USED IN SECTIONS 4513.50 TO 4513.53 OF 1,778
THE REVISED CODE: 1,780
(A)(1) "BUS" MEANS ANY VEHICLE USED FOR THE TRANSPORTATION 1,782
OF PASSENGERS THAT MEETS AT LEAST ONE OF THE FOLLOWING: 1,783
(a) WAS ORIGINALLY DESIGNED BY THE MANUFACTURER TO 1,785
42
TRANSPORT MORE THAN FIFTEEN PASSENGERS, INCLUDING THE DRIVER; 1,786
(b) EITHER THE GROSS VEHICLE WEIGHT RATING OR THE GROSS 1,788
VEHICLE WEIGHT EXCEEDS TEN THOUSAND POUNDS. 1,790
(2) "BUS" DOES NOT INCLUDE A CHURCH BUS AS DEFINED IN 1,792
SECTION 4503.07 OF THE REVISED CODE OR A SCHOOL BUS UNLESS THE 1,793
CHURCH BUS OR SCHOOL BUS IS USED IN THE TRANSPORTATION OF 1,794
PASSENGERS FOR HIRE BY A MOTOR TRANSPORTATION COMPANY OR A COMMON
CARRIER BY MOTOR VEHICLE OR BY A PRIVATE MOTOR CARRIER OR 1,795
CONTRACT CARRIER BY MOTOR VEHICLE.
(3) "BUS" ALSO DOES NOT INCLUDE ANY OF THE FOLLOWING: 1,797
(a) ANY VEHICLE OPERATED EXCLUSIVELY ON A RAIL OR RAILS; 1,799
(b) A TROLLEY BUS OPERATED BY ELECTRIC POWER DERIVED FROM 1,801
A FIXED OVERHEAD WIRE FURNISHING LOCAL PASSENGER TRANSPORTATION 1,802
SIMILAR TO STREET-RAILWAY SERVICE; 1,803
(c) VEHICLES OWNED OR LEASED BY GOVERNMENT AGENCIES OR 1,805
POLITICAL SUBDIVISIONS. 1,806
(B)(1) "MOTOR TRANSPORTATION COMPANY" AND "COMMON CARRIER 1,808
BY MOTOR VEHICLE" HAVE THE SAME MEANINGS AS IN SECTION 4921.02 OF 1,809
THE REVISED CODE. 1,810
(2) "PRIVATE MOTOR CARRIER" AND "CONTRACT CARRIER BY MOTOR 1,812
VEHICLE" HAVE THE SAME MEANINGS AS IN SECTION 4923.02 OF THE 1,814
REVISED CODE. 1,815
Sec. 4513.51. (A) EXCEPT AS PROVIDED IN DIVISION (B) OF 1,817
THIS SECTION, ON AND AFTER JULY 1, 2001, NO PERSON SHALL OPERATE 1,818
A BUS, NOR SHALL ANY PERSON BEING THE OWNER OF A BUS OR HAVING 1,819
SUPERVISORY RESPONSIBILITY FOR A BUS PERMIT THE OPERATION OF ANY 1,820
BUS, UNLESS THE BUS DISPLAYS A VALID, CURRENT SAFETY INSPECTION
DECAL ISSUED BY THE STATE HIGHWAY PATROL UNDER SECTION 4513.52 OF 1,821
THE REVISED CODE. 1,822
(B) FOR THE PURPOSE OF COMPLYING WITH THE REQUIREMENTS OF 1,824
THIS SECTION AND SECTION 4513.52 OF THE REVISED CODE, THE OWNER 1,825
OR OTHER OPERATOR OF A BUS MAY DRIVE THE BUS DIRECTLY TO AN 1,826
INSPECTION SITE CONDUCTED BY THE STATE HIGHWAY PATROL AND
DIRECTLY BACK TO THE PERSON'S PLACE OF BUSINESS WITHOUT A VALID 1,827
43
REGISTRATION AND WITHOUT DISPLAYING A SAFETY INSPECTION DECAL, 1,828
PROVIDED THAT NO PASSENGERS MAY OCCUPY THE BUS DURING SUCH 1,829
OPERATION.
(C) THE REGISTRAR OF MOTOR VEHICLES SHALL NOT ACCEPT AN 1,831
APPLICATION FOR REGISTRATION OF A BUS UNLESS THE BUS OWNER 1,832
PRESENTS A VALID SAFETY INSPECTION REPORT FOR THE APPLICABLE
REGISTRATION YEAR. 1,833
Sec. 4513.52. (A) THE DEPARTMENT OF PUBLIC SAFETY, WITH 1,835
THE ADVICE OF THE PUBLIC UTILITIES COMMISSION, SHALL ADOPT AND 1,836
ENFORCE RULES RELATING TO THE INSPECTION OF BUSES TO DETERMINE 1,837
WHETHER A BUS IS SAFE AND LAWFUL, INCLUDING WHETHER ITS EQUIPMENT
IS IN PROPER ADJUSTMENT OR REPAIR. 1,838
(B) THE RULES SHALL DETERMINE THE SAFETY FEATURES, ITEMS 1,840
OF EQUIPMENT, AND OTHER SAFETY-RELATED CONDITIONS SUBJECT TO 1,841
INSPECTION. THE RULES MAY AUTHORIZE THE STATE HIGHWAY PATROL TO 1,842
OPERATE SAFETY INSPECTION SITES, OR TO ENTER IN OR UPON THE 1,843
PROPERTY OF ANY BUS OPERATOR TO CONDUCT THE SAFETY INSPECTIONS, 1,844
OR BOTH. THE RULES ALSO SHALL ESTABLISH A FEE, NOT TO EXCEED ONE 1,845
HUNDRED DOLLARS, FOR EACH BUS INSPECTED.
(C) THE STATE HIGHWAY PATROL SHALL CONDUCT THE BUS SAFETY 1,847
INSPECTIONS AT LEAST ON AN ANNUAL BASIS. AN INSPECTION CONDUCTED 1,848
UNDER THIS SECTION IS VALID FOR TWELVE MONTHS UNLESS, PRIOR TO 1,849
THAT TIME, THE BUS FAILS A SUBSEQUENT INSPECTION OR OWNERSHIP OF
THE BUS IS TRANSFERRED. 1,850
(D) THE STATE HIGHWAY PATROL SHALL COLLECT A FEE FOR EACH 1,852
BUS INSPECTED. 1,853
(E) UPON DETERMINING THAT A BUS IS IN SAFE OPERATING 1,855
CONDITION, THAT ITS EQUIPMENT IS IN PROPER ADJUSTMENT AND REPAIR, 1,856
AND THAT IT IS OTHERWISE LAWFUL, THE INSPECTING OFFICER SHALL DO 1,857
BOTH OF THE FOLLOWING:
(1) AFFIX AN OFFICIAL SAFETY INSPECTION DECAL TO THE 1,859
OUTSIDE SURFACE OF EACH SIDE OF THE BUS; 1,860
(2) ISSUE THE OWNER OR OPERATOR OF THE BUS A SAFETY 1,862
INSPECTION REPORT, TO BE PRESENTED TO THE REGISTRAR OR A DEPUTY 1,863
44
REGISTRAR UPON APPLICATION FOR REGISTRATION OF THE BUS. 1,864
Sec. 4513.53. (A) THE SUPERINTENDENT OF THE STATE 1,866
HIGHWAY PATROL, WITH APPROVAL OF THE DIRECTOR OF PUBLIC SAFETY, 1,867
MAY APPOINT AND MAINTAIN NECESSARY STAFF TO CARRY OUT THE 1,868
INSPECTION OF BUSES.
(B) THE SUPERINTENDENT OF THE STATE HIGHWAY PATROL SHALL 1,870
ADOPT A DISTINCTIVE ANNUAL SAFETY INSPECTION DECAL BEARING THE 1,871
DATE OF INSPECTION. THE STATE HIGHWAY PATROL MAY REMOVE ANY 1,873
DECAL FROM A BUS THAT FAILS ANY INSPECTION.
(C) FEES COLLECTED BY THE STATE HIGHWAY PATROL SHALL BE 1,875
PAID INTO THE STATE TREASURY TO THE CREDIT OF THE GENERAL REVENUE 1,876
FUND.
Sec. 4513.60. (A)(1) The sheriff of a county or chief of 1,885
police of a municipal corporation, township, or township police 1,886
district, within his THE SHERIFF'S OR CHIEF'S respective 1,887
territorial jurisdiction, upon complaint of any person adversely 1,889
affected, may order into storage any motor vehicle, other than an 1,890
abandoned junk motor vehicle as defined in section 4513.63 of the 1,891
Revised Code, that has been left on private residential or 1,892
private agricultural property for at least four hours without the 1,893
permission of the person having the right to the possession of 1,894
the property. The sheriff or chief of police, upon complaint of 1,895
the owner of a repair garage or place of storage, may order into 1,896
storage any motor vehicle, other than an abandoned junk motor 1,897
vehicle, that has been left at the garage or place of storage for 1,898
a longer period than that agreed upon. The place of storage 1,899
shall be designated by the sheriff or chief of police. When 1,900
ordering a motor vehicle into storage pursuant to this division, 1,901
a sheriff or chief of police shall, whenever possible, SHALL 1,902
arrange for the removal of such THE motor vehicle by a private 1,904
tow truck operator or towing company. Subject to division (C) of 1,906
this section, the owner of a motor vehicle that has been removed 1,907
pursuant to this division may recover the vehicle only in 1,908
accordance with division (E) of this section. 1,909
45
(2) Divisions (A)(1) to (3) of this section do not apply 1,911
to any private residential or private agricultural property that 1,912
is established as a private tow-away zone in accordance with 1,913
division (B) of this section. 1,914
(3) As used in divisions (A)(1) and (2) of this section, 1,916
"private residential property" means private property on which is 1,917
located one or more structures that are used as a home, 1,918
residence, or sleeping place by one or more persons, if no more 1,919
than three separate households are maintained in the structure or 1,920
structures. "Private residential property" does not include any 1,921
private property on which is located one or more structures that 1,922
are used as a home, residence, or sleeping place by two or more 1,923
persons, if more than three separate households are maintained in 1,924
the structure or structures. 1,925
(B)(1) The owner of private property may establish a 1,927
private tow-away zone only if all of the following conditions are 1,928
satisfied: 1,929
(a) The owner posts on his THE OWNER'S property a sign, 1,931
that is at least eighteen inches by twenty-four inches in size, 1,933
that is visible from all entrances to the property, and that 1,934
contains at least all of the following information: 1,935
(i) A notice that the property is a private tow-away zone 1,937
and that vehicles not authorized to park on the property will be 1,938
towed away; 1,939
(ii) The telephone number of the person from whom a 1,941
towed-away vehicle can be recovered, and the address of the place 1,942
to which the vehicle will be taken and the place from which it 1,943
may be recovered; 1,944
(iii) A statement that the vehicle may be recovered at any 1,946
time during the day or night upon the submission of proof of 1,947
ownership and the payment of a towing charge, in an amount not to 1,948
exceed seventy NINETY dollars, and a storage charge, in an amount 1,950
not to exceed eight TWELVE dollars per twenty-four-hour period; 1,951
except that the charge for towing shall not exceed one hundred 1,953
46
FIFTY dollars, and the storage charge shall not exceed twelve 1,954
TWENTY dollars per twenty-four-hour period, if the vehicle has a 1,955
laden MANUFACTURER'S gross vehicle weight RATING in excess of 1,957
fifteen TEN thousand pounds and is a truck, bus, or a combination 1,959
of a commercial tractor and trailer or semitrailer. 1,960
(b) The place to which the towed vehicle is taken and from 1,962
which it may be recovered is conveniently located, is well 1,963
lighted, and is on or within a reasonable distance of a regularly 1,964
scheduled route of one or more modes of public transportation, if 1,965
any public transportation is available in the municipal 1,966
corporation or township in which the private tow-away zone is 1,967
located. 1,968
(2) If a vehicle is parked on private property that is 1,970
established as a private tow-away zone in accordance with 1,971
division (B)(1) of this section, without the consent of the owner 1,972
of the property or in violation of any posted parking condition 1,973
or regulation, the owner or his THE OWNER'S agent may remove, or 1,974
cause the removal of, the vehicle, the owner and the operator of 1,976
the vehicle shall be deemed to have consented to the removal and 1,977
storage of the vehicle and to the payment of the towing and 1,978
storage charges specified in division (B)(1)(a)(iii) of this 1,979
section, and the owner, subject to division (C) of this section, 1,980
may recover a vehicle that has been so removed only in accordance 1,981
with division (E) of this section. 1,982
(3) If a municipal corporation requires tow trucks and tow 1,984
truck operators to be licensed, no owner of private property 1,985
located within the municipal corporation shall remove, or shall 1,986
cause the removal and storage of, any vehicle pursuant to 1,987
division (B)(2) of this section by an unlicensed tow truck or 1,988
unlicensed tow truck operator. 1,989
(4) Divisions (B)(1) to (3) of this section do not affect 1,991
or limit the operation of division (A) of this section or 1,992
sections 4513.61 to 4513.65 of the Revised Code as they relate to 1,993
property other than private property that is established as a 1,994
47
private tow-away zone under division (B)(1) of this section. 1,995
(C) If the owner or operator of a motor vehicle that has 1,997
been ordered into storage pursuant to division (A)(1) of this 1,998
section or of a vehicle that is being removed under authority of 1,999
division (B)(2) of this section arrives after the motor vehicle 2,000
or vehicle has been prepared for removal, but prior to its actual 2,001
removal from the property, the owner or operator shall be given 2,002
the opportunity to pay a fee of not more than one-half of the 2,003
charge for the removal of motor vehicles under division (A)(1) of 2,004
this section or of vehicles under division (B)(2) of this 2,005
section, whichever is applicable, that normally is assessed by 2,006
the person who has prepared the motor vehicle or vehicle for 2,007
removal, in order to obtain release of the motor vehicle or 2,008
vehicle. Upon payment of that fee, the motor vehicle or vehicle 2,009
shall be released to the owner or operator, and upon its release, 2,010
the owner or operator immediately shall move it so that: 2,011
(1) If the motor vehicle was ordered into storage pursuant 2,013
to division (A)(1) of this section, it is not on the private 2,014
residential or private agricultural property without the 2,015
permission of the person having the right to possession of the 2,016
property, or is not at the garage or place of storage without the 2,017
permission of the owner, whichever is applicable. 2,018
(2) If the vehicle was being removed under authority of 2,020
division (B)(2) of this section, it is not parked on the private 2,021
property established as a private tow-away zone without the 2,022
consent of the owner or in violation of any posted parking 2,023
condition or regulation. 2,024
(D)(1) If an owner of private property that is established 2,026
as a private tow-away zone in accordance with division (B)(1) of 2,027
this section or the authorized agent of such an owner removes or 2,028
causes the removal of a vehicle from that property under 2,029
authority of division (B)(2) of this section, the owner or agent 2,030
promptly shall notify the police department of the municipal 2,031
corporation, township, or township police district in which the 2,032
48
property is located, of the removal, the vehicle's license 2,033
number, make, model, and color, the location from which it was 2,034
removed, the date and time of its removal, the telephone number 2,035
of the person from whom it may be recovered, and the address of 2,036
the place to which it has been taken and from which it may be 2,037
recovered. 2,038
(2) Each county sheriff and each chief of police of a 2,040
municipal corporation, township, or township police district 2,041
shall maintain a record of motor vehicles that he THE SHERIFF OR 2,042
CHIEF orders into storage pursuant to division (A)(1) of this 2,043
section and of vehicles removed from private property in his THE 2,044
SHERIFF'S OR CHIEF'S jurisdiction that is established as a 2,046
private tow-away zone of which he THE SHERIFF OR CHIEF has 2,047
received notice under division (D)(1) of this section. The
record shall include an entry for each such motor vehicle or 2,048
vehicle that identifies the motor vehicle's or vehicle's license 2,049
number, make, model, and color, the location from which it was 2,050
removed, the date and time of its removal, the telephone number 2,051
of the person from whom it may be recovered, and the address of 2,052
the place to which it has been taken and from which it may be 2,053
recovered. Any information in the record that pertains to a 2,054
particular motor vehicle or vehicle shall be provided to any 2,055
person who, either in person or pursuant to a telephone call, 2,056
identifies himself SELF as the owner or operator of the motor 2,057
vehicle or vehicle and requests information pertaining to its 2,058
location.
(3) Any person who registers a complaint that is the basis 2,060
of a sheriff's or police chief's order for the removal and 2,061
storage of a motor vehicle under division (A)(1) of this section 2,062
shall provide the identity of the law enforcement agency with 2,063
which the complaint was registered to any person who identifies 2,064
himself SELF as the owner or operator of the motor vehicle and 2,065
requests information pertaining to its location. 2,066
(E) The owner of a motor vehicle that is ordered into 2,068
49
storage pursuant to division (A)(1) of this section or of a 2,069
vehicle that is removed under authority of division (B)(2) of 2,070
this section may reclaim it upon payment of any expenses or 2,071
charges incurred in its removal, in an amount not to exceed 2,072
seventy NINETY dollars, and storage, in an amount not to exceed 2,073
eight TWELVE dollars per twenty-four-hour period; except that the 2,075
charge for towing shall not exceed one hundred FIFTY dollars, and 2,076
the storage charge shall not exceed twelve TWENTY dollars per 2,077
twenty-four-hour period, if the vehicle has a laden 2,079
MANUFACTURER'S gross vehicle weight RATING in excess of fifteen 2,081
TEN thousand pounds and is a truck, bus, or a combination of a 2,083
commercial tractor and trailer or semitrailer. Presentation of 2,084
proof of ownership, which may be evidenced by a certificate of
title to the motor vehicle or vehicle shall also SHALL be 2,085
required for reclamation of the vehicle. If a motor vehicle that 2,087
is ordered into storage pursuant to division (A)(1) of this 2,088
section remains unclaimed by the owner for thirty days, the 2,089
procedures established by sections 4513.61 and 4513.62 of the 2,090
Revised Code shall apply. 2,091
(F) No person shall remove, or cause the removal of, any 2,093
vehicle from private property that is established as a private 2,094
tow-away zone under division (B)(1) of this section other than in 2,095
accordance with division (B)(2) of this section, and no person 2,096
shall remove, or cause the removal of, any motor vehicle from any 2,097
other private property other than in accordance with division 2,098
(A)(1) of this section or sections 4513.61 to 4513.65 of the 2,099
Revised Code. 2,100
Sec. 4513.99. (A) Whoever violates division (C), (D), 2,109
(E), or (F) of section 4513.241, section 4513.261, 4513.262, or 2,110
4513.36, or division (B)(3) of section 4513.60 of the Revised 2,111
Code is guilty of a minor misdemeanor. 2,112
(B) Whoever violates section 4513.02 or 4513.021, or 2,114
division (B)(4) of section 4513.263, or division (F) of section 2,115
4513.60 of the Revised Code is guilty of a minor misdemeanor on a 2,116
50
first offense; on a second or subsequent offense such person is 2,117
guilty of a misdemeanor of the third degree. 2,118
(C) Whoever violates sections 4513.03 to 4513.262 or 2,120
4513.27 to 4513.37 of the Revised Code, for which violation no 2,121
penalty is otherwise provided, is guilty of a minor misdemeanor 2,122
on a first offense; on a second offense within one year after the 2,123
first offense, such person is guilty of a misdemeanor of the 2,124
fourth degree; on each subsequent offense within one year after 2,125
the first offense, such person is guilty of a misdemeanor of the 2,126
third degree. 2,127
(D) Whoever violates section 4513.64 of the Revised Code 2,129
is guilty of a minor misdemeanor, and shall also be assessed any 2,130
costs incurred by the county, township, or municipal corporation 2,131
in disposing of such abandoned junk motor vehicle, less any money 2,132
accruing to the county, to the township, or to the municipal 2,133
corporation from such disposal. 2,134
(E) Whoever violates section 4513.65 of the Revised Code 2,136
is guilty of a minor misdemeanor on a first offense; on a second 2,137
offense, such person is guilty of a misdemeanor of the fourth 2,138
degree; on each subsequent offense, such person is guilty of a 2,139
misdemeanor of the third degree. 2,140
(F) Whoever violates division (B)(1) of section 4513.263 2,142
of the Revised Code shall be fined twenty-five dollars. 2,143
(G) Whoever violates division (B)(3) of section 4513.263 2,145
of the Revised Code shall be fined fifteen dollars. 2,146
(H) Whoever violates section 4513.361 OR DIVISION (A) OF 2,148
SECTION 4513.51 of the Revised Code is guilty of a misdemeanor of 2,150
the first degree.
Sec. 4905.06. The public utilities commission has general 2,159
supervision over all public utilities within its jurisdiction as 2,160
defined in section 4905.05 of the Revised Code, and may examine 2,161
such public utilities and keep informed as to their general 2,162
condition, capitalization, and franchises, and as to the manner 2,163
in which their properties are leased, operated, managed, and 2,164
51
conducted with respect to the adequacy or accommodation afforded 2,165
by their service, the safety and security of the public and their 2,166
employees, and their compliance with all laws, orders of the 2,167
commission, franchises, and charter requirements. The commission 2,168
has general supervision over all other companies referred to in 2,169
section 4905.05 of the Revised Code to the extent of its 2,170
jurisdiction as defined in that section, and may examine such 2,171
companies and keep informed as to their general condition and 2,172
capitalization, and as to the manner in which their properties 2,173
are leased, operated, managed, and conducted with respect to the 2,174
adequacy or accommodation afforded by their service, and their 2,175
compliance with all laws and orders of the commission, insofar as 2,176
any of such matters may relate to the costs associated with the 2,177
provision of electric utility service by public utilities in this 2,178
state which are affiliated or associated with such companies. 2,179
The commission, through the public utilities commissioners or 2,180
inspectors or employees of the commission authorized by it, may 2,181
enter in or upon, for purposes of inspection, any property, 2,182
equipment, building, plant, factory, office, apparatus, 2,183
machinery, device, and lines of any public utility. The power to 2,184
inspect includes the power to prescribe any rule or order that 2,185
the commission finds necessary for protection of the public 2,186
safety. In order to assist the commission in the performance of 2,187
its duties under this chapter, authorized employees of the 2,188
commercial motor vehicle safety enforcement unit, division of 2,189
state highway patrol, of the department of public safety may 2,191
enter in or upon, for inspection purposes, any motor vehicle of 2,192
any motor transportation company or private motor carrier as 2,193
defined in section 4923.02 of the Revised Code. 2,194
IN ORDER TO INSPECT MOTOR VEHICLES OWNED OR OPERATED BY A 2,196
MOTOR TRANSPORTATION COMPANY ENGAGED IN THE TRANSPORTATION OF 2,197
PERSONS, AUTHORIZED EMPLOYEES OF THE COMMERCIAL MOTOR VEHICLE 2,198
SAFETY ENFORCEMENT UNIT, DIVISION OF STATE HIGHWAY PATROL, OF THE 2,199
DEPARTMENT OF PUBLIC SAFETY MAY ENTER IN OR UPON ANY PROPERTY OF 2,200
52
ANY MOTOR TRANSPORTATION COMPANY, AS DEFINED IN SECTION 4913.02 2,201
OF THE REVISED CODE, ENGAGED IN THE INTRASTATE TRANSPORTATION OF 2,202
PERSONS.
Sec. 4919.79. (A) The public utilities commission may 2,211
adopt safety rules applicable to the highway transportation and 2,212
offering for transportation of hazardous materials in interstate 2,213
commerce, which highway transportation takes place into or 2,214
through this state. 2,215
(B) The commission may adopt safety rules applicable to 2,217
the highway transportation of persons or property in interstate 2,218
commerce, which transportation takes place into or through this 2,219
state. 2,220
(C) Rules adopted under divisions (A) and (B) of this 2,222
section shall be consistent with, and equivalent in scope, 2,223
coverage, and content to, the "Hazardous Materials Transportation 2,224
Act," 88 Stat. 2156 (1975), 49 U.S.C.A. 1801, as amended, and 2,225
regulations adopted under it, and the "Motor Carrier Safety Act 2,226
of 1984," 98 Stat. 2832, 49 U.S.C.A. 2501, and regulations 2,227
adopted under it, respectively. No person shall violate a rule 2,228
adopted under division (A) or (B) of this section or any order of 2,229
the commission issued to secure compliance with any such rule. 2,230
(D) The commission shall cooperate with, and permit the 2,232
use of, the services, records, and facilities of the commission 2,233
as fully as practicable by appropriate officers of the interstate 2,234
commerce commission, the United States department of 2,235
transportation, and other federal agencies or commissions and 2,236
appropriate commissions of other states in the enforcement and 2,237
administration of state and federal laws relating to highway 2,238
transportation by motor vehicles. The commission may enter into 2,239
cooperative agreements with the interstate commerce commission, 2,240
the United States department of transportation, and any other 2,241
federal agency or commission to enforce the economic and safety 2,242
laws and rules of this state and of the United States concerning 2,243
highway transportation by motor vehicles. 2,244
53
(E) To achieve the purposes of this section, the 2,246
commission may, through its inspectors or other authorized 2,247
employees, inspect any vehicles of carriers of persons or 2,248
property in interstate commerce subject to the safety rules 2,249
prescribed by this section and may enter upon the premises and
vehicles of such carriers to examine any of the carriers' records 2,250
or documents that relate to the safety of operation of such 2,251
carriers. In order to assist the commission in the performance 2,252
of its duties under this section, authorized employees of the 2,253
commercial motor vehicle safety enforcement unit, division of
state highway patrol, of the department of public safety may 2,254
enter in or upon, for purposes of inspection, any vehicle of any 2,256
such carrier.
IN ORDER TO INSPECT MOTOR VEHICLES OWNED OR OPERATED BY 2,258
PRIVATE MOTOR CARRIERS OF PERSONS, AUTHORIZED EMPLOYEES OF THE 2,259
COMMERCIAL MOTOR VEHICLE SAFETY ENFORCEMENT UNIT, DIVISION OF 2,260
STATE HIGHWAY PATROL, OF THE DEPARTMENT OF PUBLIC SAFETY MAY 2,261
ENTER IN OR UPON THE PREMISES OF ANY PRIVATE CARRIER OF PERSONS 2,262
IN INTERSTATE COMMERCE, SUBJECT TO THE SAFETY RULES PRESCRIBED BY
THIS SECTION. 2,263
Sec. 4921.02. As used in sections 4921.01 to 4921.32 of 2,272
the Revised Code: 2,273
(A) "Motor transportation company," or "common carrier by 2,275
motor vehicle," includes every corporation, company, association, 2,276
joint-stock association, person, firm, or copartnership, and 2,277
their lessees, legal or personal representatives, trustees, and 2,278
receivers or trustees appointed by any court, when engaged or 2,279
proposing to engage in the business of transporting persons or 2,280
property, or the business of providing or furnishing such 2,281
transportation service, for hire, whether directly or by lease or 2,282
other arrangement, for the public in general, in or by 2,283
motor-propelled vehicles of any kind, including trailers, over 2,284
any public highway in this state. All laws regulating the 2,285
business of motor transportation, their context notwithstanding, 2,286
54
apply to such motor transportation company or common carrier by 2,287
motor vehicle. "Motor transportation company," as so used, does 2,288
not include any person, firm, copartnership, voluntary 2,289
association, joint-stock association, company, or corporation, 2,290
wherever organized or incorporated: 2,291
(1) Engaged or proposing to engage as a private motor 2,293
carrier as defined by section 4923.02 of the Revised Code; 2,294
(2) Insofar as they own, control, operate, or manage motor 2,296
vehicles used for the transportation of persons or property, 2,297
operated exclusively within the territorial limits of a municipal 2,298
corporation, or within such limits and the territorial limits of 2,299
municipal corporations immediately contiguous to such municipal 2,300
corporation; 2,301
(3) Insofar as they are engaged in the transportation of 2,303
persons in taxicabs in the usual taxicab service or in hotel 2,304
busses operating to and from hotel; 2,305
(4) Engaged in the transportation of pupils in school 2,307
busses operating to or from school sessions or school events; 2,308
(5) Engaged in the transportation of farm supplies to the 2,310
farm or farm products from farm to market or to food fabricating 2,311
plants; 2,312
(6) Engaged in the distribution of newspapers; 2,314
(7) Engaged in the transportation of crude petroleum 2,316
incidental to gathering from wells and delivery to destination by 2,317
pipe line; 2,318
(8) Engaged in the towing of disabled or wrecked motor 2,320
vehicles; 2,321
(9) Engaged in the transportation of injured, ill, or 2,323
deceased persons by hearse or ambulance; 2,324
(10) Engaged in the transportation of compost (a 2,326
combination of manure and sand or shredded bark mulch) or 2,327
shredded bark mulch; 2,328
(11) Engaged in the transportation of persons in a 2,330
ridesharing arrangement when any fee charged each person so 2,331
55
transported is in such amount as to recover only the person's 2,332
share of the costs of operating the motor vehicle for such 2,333
purpose. 2,334
(B) "Trailer" means any vehicle without motive power 2,336
designed or used for carrying property or persons and for being 2,337
drawn by a separate motor-propelled vehicle, including any 2,338
vehicle of the trailer type, whether designed or used for 2,339
carrying property or persons wholly on its own structure, or so 2,340
designed or used that a part of its own weight or the weight of 2,341
its load rests upon and is carried by such motor-propelled 2,342
vehicle. 2,343
(C) "Public highway" means any public street, road, or 2,345
highway in this state, whether within or without the corporate 2,346
limits of a municipal corporation. 2,347
(D) "Fixed termini" refers to the points between which any 2,349
motor transportation company usually or ordinarily operates, 2,350
provides, or proposes to operate or provide motor transportation 2,351
service. 2,352
(E) "Regular route" refers to that portion of the public 2,354
highway over which any motor transportation company usually or 2,355
ordinarily operates, provides, or proposes to operate or provide 2,356
motor transportation service. 2,357
(F) "Irregular route" refers to that portion of the public 2,359
highway over which is conducted or provided any other operation 2,360
of any motor vehicle by a motor transportation company 2,361
transporting property. 2,362
(G) "Ridesharing arrangement" means the transportation of 2,364
persons in a motor vehicle where such transportation is 2,365
incidental to another purpose of a volunteer driver, and includes 2,366
ridesharing arrangements known as carpools, vanpools, and 2,367
buspools. 2,368
Whether or not any motor-propelled vehicle is operated or 2,370
such transportation service is provided or furnished by such 2,371
motor transportation company, between fixed termini or over a 2,372
56
regular route, or over an irregular route, or whether or not a 2,373
corporation, company, association, joint-stock association, 2,374
person, firm, or copartnership, or their lessees, trustees, or 2,375
receivers or trustees appointed by any court, is engaged as a 2,376
motor transportation company, are questions of fact. The finding 2,377
of the public utilities commission on such questions is a final 2,378
order which may be reviewed as provided in section 4921.17 of the 2,379
Revised Code. The commission has jurisdiction to receive, hear, 2,380
and determine such questions upon complaint of any party, or upon 2,381
its own motion, upon not less than fifteen days' notice of the 2,382
time and place of such hearing and of the matter to be heard. 2,383
Sec. 4921.101. (A) Notwithstanding any other provision 2,392
contained in Title XLIX of the Revised Code with respect to the 2,393
issuance of a certificate of public convenience and necessity, 2,394
the public utilities commission shall, after notice and hearing, 2,395
grant a certificate of regular route bus service PUBLIC 2,396
CONVENIENCE AND NECESSITY to any person who applies for authority 2,398
to provide regular route bus service, PURSUANT TO RULES ADOPTED 2,399
BY THE COMMISSION, FILES A REGISTRATION APPLICATION TO TRANSPORT 2,400
PASSENGERS, FOR HIRE, WITHIN THIS STATE if such person is 2,401
financially responsible, meets the applicable insurance, SERVICE, 2,402
and safety requirements promulgated in the rules of the public 2,404
utilities commission, and is able to serve the routes requested 2,405
in the application. The public utilities commission shall issue 2,406
a final order permitting or denying the application for such 2,407
certificate within ninety days after the application is filed 2,408
with the commission.
For purposes of this section, regular route bus service is 2,410
the transportation of persons and their baggage over regular 2,411
routes, between fixed termini, pursuant to published schedules 2,412
and rates, and, as an incident to that service, the 2,413
transportation of additional package express or United States 2,414
mail, but does not include the right to offer charter party trip 2,415
service, as defined in section 4923.02 of the Revised Code, and 2,416
57
does not include the right to transport persons and their baggage 2,417
to or from an airport, in vehicles with a seating capacity of 2,418
twenty-five or fewer passengers, over regular routes, in 2,419
competition with a person holding a certificate or certificates 2,420
of public convenience and necessity which include the 2,421
authorization of such service prior to the effective date of this 2,422
section. 2,423
This section does not limit the applicant's right to apply 2,425
for authority under any other provision of the law. 2,426
A person who is granted a certificate to operate regular 2,428
route bus service TRANSPORT PASSENGERS, FOR HIRE, WITHIN THIS 2,429
STATE under this section is subject to, and shall operate in 2,431
compliance with, all other provisions of law applicable to motor 2,432
transportation companies that hold certificates of public 2,433
convenience and necessity.
(B) Notwithstanding any other provision contained in Title 2,435
XLIX of the Revised Code, a person holding a certificate of 2,436
convenience and necessity for the transportation of passengers or 2,437
a person holding a certificate of regular route bus service may, 2,438
at any time, increase and decrease rates in a zone ten per cent 2,439
above its rate or twenty per cent below its rate in effect one 2,440
year prior to the effective date of the proposed rate or its rate 2,441
on the effective date of this section, whichever date is later, 2,442
by filing a revised tariff with the public utilities commission. 2,443
The commission may adopt reasonable rules to permit an adjustment 2,444
in the percentage for an increased rate up to an additional ten 2,445
per cent. Rates filed under this division shall be effective 2,446
immediately upon filing unless a later time is stated in the 2,447
tariff by the applicant, and may not be investigated, suspended, 2,448
revised, or revoked by the commission. This division does not 2,449
limit the applicant's right to apply for rate changes under any 2,450
other provision of the law THE COMMISSION SHALL HAVE NO POWER TO 2,451
FIX, ALTER, OR ESTABLISH RATES FOR THE TRANSPORTATION OF 2,452
PASSENGERS, FOR HIRE, WITHIN THIS STATE, NOR SHALL THE COMMISSION 2,453
58
HAVE THE POWER TO REQUIRE OR ACCEPT THE FILING OF TARIFFS 2,455
ESTABLISHING SUCH RATES.
(C) Notwithstanding any other provision contained in Title 2,457
XLIX of the Revised Code, a person holding a certificate of 2,458
convenience and necessity for the transportation of passengers or 2,459
a person holding a certificate of WHO HAS ESTABLISHED regular 2,460
route bus service may apply for authority to discontinue all or a 2,462
portion of its regular routes, by filing a written application 2,463
NOTICE with the commission THIRTY DAYS PRIOR TO DISCONTINUING 2,464
SUCH REGULAR BUS SERVICE, and within ten days thereafter AFTER 2,465
FILING THE NOTICE WITH THE COMMISSION, by publishing THE notice 2,466
of the application once a day for three different days in a 2,467
newspaper of general circulation published in the county seat of 2,468
each county to which the service extends. Within twenty days 2,469
after the date of filing the application, any person opposing the 2,470
application shall file a written notice of protest with the 2,471
commission. If the application is not opposed, the bus company 2,472
may immediately discontinue such route or routes. If the 2,473
application is opposed, the commission shall, within twenty days, 2,474
hear the application, providing at least ten days' notice to all 2,475
interested parties. 2,476
The commission shall grant the application if the company 2,478
demonstrates that the revenue per mile derived from the route or 2,479
routes proposed to be discontinued is less than the fully 2,480
allocated cost per mile of operating the route or routes to be 2,481
discontinued. If the commission's final order on the application 2,482
is not issued within ninety days after the date of filing the 2,483
application, the company may discontinue the service described in 2,484
the application. 2,485
(D) THE COMMISSION, BY RULE, MAY ESTABLISH STANDARDS FOR 2,487
THE CONSUMER PROTECTION OF PASSENGERS TRANSPORTED BY PERSONS 2,488
HOLDING A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY ISSUED 2,489
UNDER THIS SECTION.
(E) FOR PURPOSES OF THIS SECTION, "PERSON" MEANS PERSONS 2,491
59
ENGAGED IN CHARTER BUS TRANSPORTATION, INCLUDING CHARTER PARTY 2,492
TRIPS AS DEFINED IN SECTION 4923.02 OF THE REVISED CODE. 2,493
"PERSON" ALSO INCLUDES A "MOTOR TRANSPORTATION COMPANY" AS 2,494
DEFINED IN SECTION 4921.02 OF THE REVISED CODE AND A "PRIVATE 2,495
MOTOR CARRIER" AS DEFINED IN SECTION 4923.02 OF THE REVISED CODE. 2,496
Sec. 4923.02. As used in sections 4923.01 to 4923.17 of 2,505
the Revised Code: 2,506
(A) "Private motor carrier" or "contract carrier by motor 2,508
vehicle" includes every corporation, company, association, 2,509
joint-stock association, person, firm, or copartnership, their 2,510
lessees, legal or personal representatives, trustees, or 2,511
receivers or trustees appointed by any court, not included in the 2,512
definition under section 4921.02 of the Revised Code, when 2,513
engaged in the business of private carriage of persons or 2,514
property, or both, or of providing or furnishing such 2,515
transportation service, for hire, in or by motor-propelled 2,516
vehicles of any kind, including trailers, over any public highway 2,517
in this state, but does not include any corporation, company, 2,518
association, joint-stock association, person, firm, or 2,519
copartnership, their lessees, legal or personal representatives, 2,520
trustees, or receivers or trustees appointed by any court: 2,521
(1) Engaged or proposing to engage, directly or 2,523
indirectly, as a private owner or operator of motor vehicles 2,524
employed or used by a private motor carrier, or by a motor 2,525
transportation company as defined in section 4921.02 of the 2,526
Revised Code; 2,527
(2) Insofar as they are engaged in the NOT-FOR-HIRE 2,529
transportation of persons IN CHURCH BUSES AS DEFINED IN SECTION 2,530
4503.07 OF THE REVISED CODE or THE TRANSPORTATION OF property, or 2,532
both, WHEN EITHER TRANSPORTATION IS PERFORMED exclusively within
the territorial limits of a municipal corporation or within such 2,534
limits and the territorial limits of municipal corporations 2,535
immediately contiguous to such municipal corporations; 2,536
(3) Engaged in the transportation of persons in taxicabs 2,538
60
in the usual taxicab business or in hotel busses operating to and 2,539
from hotels; 2,540
(4) Engaged in the transportation of pupils in school 2,542
busses operating to or from school sessions or school events; 2,543
(5) Engaged, as a motor transportation company holding a 2,545
certificate of public convenience and necessity for the 2,546
transportation of persons, in the carriage of persons in 2,547
emergency or additional motor vehicles on charter party trips to 2,548
or from any point within the county or counties in or through 2,549
which such motor transportation company provides regular route 2,550
scheduled service, provided that such use of such emergency or 2,551
additional motor vehicle is reported and the tax paid as 2,552
prescribed by the public utilities commission by general rule or 2,553
temporary order; 2,554
(6) Engaged in the transportation of farm supplies to the 2,556
farm or farm products from farm to market; 2,557
(7) Engaged in the operation of motor vehicles for 2,559
contractors on public road work; 2,560
(8) Engaged in the transportation of newspapers; 2,562
(9) Engaged in the transportation of crude petroleum 2,564
incidental to gathering from wells and delivery to destination by 2,565
pipe line; 2,566
(10) Engaged in the towing of disabled or wrecked motor 2,568
vehicles; 2,569
(11) Engaged in the transportation of injured, ill, or 2,571
deceased persons by hearse or ambulance; 2,572
(12) Engaged in transportation of compost (a combination 2,574
of manure and sand or shredded bark mulch) or shredded bark 2,575
mulch; 2,576
(13) Engaged in the transportation of persons in a 2,578
ridesharing arrangement when any fee charged each person so 2,579
transported is in such amount as to recover only the person's 2,580
share of the costs of operating the motor vehicle for such 2,581
purpose. 2,582
61
(B) "Motor vehicle" includes any automobile, automobile 2,584
truck, tractor, trailer, semitrailer, motor bus, or any other 2,585
self-propelled vehicle not operated or driven upon fixed rails or 2,586
tracks. 2,587
(C) "Charter party trip" means the carriage of persons in 2,589
one or more motor vehicles under a special contract for the 2,590
exclusive use of each such vehicle for each trip, which contract 2,591
shall not provide for continuing operations between the same 2,592
termini, and which operation shall in no event become regular. 2,593
The limitations of section 4921.18 and any other sections of the 2,594
Revised Code as to the seating capacity of such emergency or 2,595
additional motor vehicles operated by a motor transportation 2,596
company do not apply to charter party trips. 2,597
(D) "Ridesharing arrangement" has the same meaning as in 2,599
section 4921.02 of the Revised Code. 2,600
Sec. 4923.20. (A) As used in this section: 2,609
(1) "Private motor carrier" has the same meaning as in 2,611
section 4923.02 of the Revised Code, except that it includes only 2,612
private motor carriers operating on a not-for-hire basis and 2,613
excludes all private motor carriers operating on a for-hire 2,614
basis. 2,615
(2) "Commercial motor vehicle" has the same meaning as in 2,617
the "Commercial Motor Vehicle Safety Act of 1986," 49 U.S.C.A. 2,618
2701, as amended, except that "commerce" means trade, traffic, 2,619
and transportation solely within this state. 2,620
(B) The public utilities commission may adopt and enforce 2,622
rules concerning the safety of operation of commercial motor 2,623
vehicles by private motor carriers, except that the rules shall 2,624
not affect any rights or duties granted to or imposed upon the 2,625
operator of such a motor vehicle by Chapter 4511. of the Revised 2,626
Code. 2,627
(C) The commission may adopt safety rules applicable to 2,629
the transportation of hazardous materials by private motor 2,630
carriers by means of commercial motor vehicles and applicable to 2,631
62
the offering of hazardous materials for such transportation. The 2,632
rules shall be consistent with, and equivalent in scope, 2,633
coverage, and content to, the "Hazardous Materials Transportation 2,634
Act," 88 Stat. 2156 (1975), 49 U.S.C.A. 1801, as amended, and 2,635
regulations adopted under it. 2,636
(D) To achieve the purposes of this section, the 2,638
commission may, through inspectors or other authorized employees, 2,640
inspect any motor vehicles of such carriers and may enter upon 2,641
the premises and vehicles of the carriers to examine any of the 2,642
carriers' records or documents that relate to the safety of 2,643
operation of private motor carriers. In order to assist the
commission in performing its duties under this section, 2,644
authorized employees of the commercial motor vehicle safety 2,645
enforcement unit, division of state highway patrol, of the 2,646
department of public safety may enter in or upon, for purposes of 2,647
inspection, any motor vehicle of any such carrier. 2,648
IN ORDER TO INSPECT MOTOR VEHICLES OWNED OR OPERATED BY 2,650
PRIVATE MOTOR CARRIERS ENGAGED IN THE TRANSPORTATION OF PERSONS, 2,651
AUTHORIZED EMPLOYEES OF THE COMMERCIAL MOTOR VEHICLE SAFETY 2,652
ENFORCEMENT UNIT, DIVISION OF STATE HIGHWAY PATROL, OF THE 2,653
DEPARTMENT OF PUBLIC SAFETY MAY ENTER IN OR UPON THE PREMISES OF 2,654
ANY PRIVATE MOTOR CARRIER ENGAGED IN THE INTRASTATE
TRANSPORTATION OF PERSONS. 2,655
(E) No private motor carrier or person offering hazardous 2,657
materials for transportation by private motor carrier shall fail 2,658
to comply with any order, decision, or rule adopted under this 2,659
section or any order of the commission issued to secure 2,660
compliance with any such rule. 2,661
Sec. 5577.05. No vehicle shall be operated upon the public 2,670
highways, streets, bridges, and culverts within the state, whose 2,671
dimensions exceed those specified in this section. 2,672
(A) No such vehicle shall have a width in excess of: 2,674
(1) One hundred four inches for passenger bus type 2,676
vehicles operated exclusively within municipl MUNICIPAL 2,677
63
corporations; 2,678
(2) One hundred two inches, excluding such safety devices 2,680
are required by law, for passenger bus type vehicles operated 2,681
over freeways, and such other state roads with minimum pavement 2,682
widths of twenty-two feet, except those roads or portions thereof 2,683
over which operation of one hundred two-inch buses is prohibited 2,684
by order of the director of transportation; 2,685
(3) One hundred thirty-two inches for traction engines; 2,687
(4) ONE HUNDRED TWO INCHES FOR RECREATIONAL VEHICLES, 2,690
EXCLUDING SAFETY DEVICES AND RETRACTED AWNINGS AND OTHER 2,691
APPURTENANCES OF SIX INCHES OR LESS IN WIDTH AND EXCEPT THAT THE 2,692
DIRECTOR MAY PROHIBIT THE OPERATION OF ONE HUNDRED TWO INCH 2,693
RECREATIONAL VEHICLES ON DESIGNATED STATE HIGHWAYS OR PORTIONS OF 2,694
HIGHWAYS;
(5) One hundred two inches, including load, for all other 2,696
vehicles, except that the director may prohibit the operation of 2,698
one hundred two-inch vehicles on such state highways or portions 2,699
thereof as the director designates.
(B) No such vehicle shall have a length in excess of: 2,701
(1) Sixty feet for passenger bus type vehicles operated by 2,703
a regional transit authority pursuant to sections 306.30 to 2,704
306.54 of the Revised Code; 2,705
(2) Forty feet for all other passenger bus type vehicles; 2,707
(3) Fifty-three feet for any semitrailer when operated in 2,709
a commercial tractor-semitrailer combination, with or without 2,710
load, except that the director may prohibit the operation of any 2,712
such commercial tractor-semitrailer combination on such state 2,713
highways or portions thereof as the director designates. 2,714
(4) Twenty-eight and one-half feet for any semitrailer or 2,716
trailer when operated in a commercial tractor-semitrailer-trailer 2,717
or commercial tractor-semitrailer-semitrailer combination, except 2,718
that the director may prohibit the operation of any such 2,720
commercial tractor-semitrailer-trailer or commercial
tractor-semitrailer-semitrailer combination on such state 2,721
64
highways or portions thereof as the director designates; 2,722
(5) Seventy-five feet for drive-away saddlemount vehicle 2,724
transporter combinations and drive-away saddlemount with 2,725
fullmount vehicle transporter combinations, not to exceed three 2,726
saddlemounted vehicles, but which may include one fullmount. 2,727
(6) Sixty-five feet for any other combination of vehicles 2,729
coupled together, with or without load, except as provided in 2,730
divisions (B)(3) and (4), and in division (D) of this section; 2,731
(7) FORTY-FIVE FEET FOR RECREATIONAL VEHICLES; 2,733
(8) Forty feet for all other vehicles except trailers and 2,735
semitrailers, with or without load. 2,736
(C) No such vehicle shall have a height in excess of 2,738
thirteen feet six inches, with or without load. 2,739
(D) An automobile transporter or boat transporter shall be 2,742
allowed a length of sixty-five feet and a stinger-steered
automobile transporter or stinger-steered boat transporter shall 2,743
be allowed a length of seventy-five feet, except that the load 2,744
thereon may extend no more than four feet beyond the rear of such 2,745
vehicles and may extend no more than three feet beyond the front 2,746
of such vehicles, and except further that the director may 2,747
prohibit the operation of a stinger-steered automobile 2,750
transporter, stinger-steered boat transporter, or a B-train 2,751
assembly on any state highway or portion thereof that the
director designates. 2,752
THE WIDTH PRESCRIBED IN DIVISION (A)(5) OF THIS SECTION 2,754
SHALL NOT INCLUDE AUTOMATIC COVERING DEVICES USED BY A VEHICLE 2,755
HAULING SOLID WASTE.
The lengths prescribed in divisions (B)(2) to (6)(7) of 2,757
this section shall not include safety devices, bumpers attached 2,758
to the front or rear of such bus or combination, B-train assembly 2,759
used between the first and second semitrailer of a commercial 2,760
tractor-semitrailer-semitrailer combination, energy conservation 2,761
devices as provided in any regulations adopted by the secretary 2,762
of the United States department of transportation, or any 2,763
65
noncargo-carrying refrigeration equipment attached to the front 2,764
of trailers and semitrailers. In special cases, vehicles whose 2,765
dimensions exceed those prescribed by this section may operate in 2,766
accordance with rules adopted by the director. 2,767
(E) This section does not apply to fire engines, fire 2,769
trucks, or other vehicles or apparatus belonging to any municipal 2,770
corporation or to the volunteer fire department of any municipal 2,771
corporation or used by such department in the discharge of its 2,772
functions. This section does not apply to vehicles and pole 2,773
trailers used in the transportation of wooden and metal poles, 2,774
nor to the transportation of pipes or well-drilling equipment, 2,775
nor to farm machinery and equipment. The owner or operator of 2,776
any vehicle, machinery, or equipment not specifically enumerated 2,777
in this section but the dimensions of which exceed the dimensions 2,778
provided by this section, when operating the same on the highways 2,780
and streets of this state, shall comply with the rules of the 2,781
director governing such movement, which the director may adopt. 2,782
Sections 119.01 to 119.13 of the Revised Code apply to any rules 2,783
the director adopts under this section, or the amendment or 2,785
rescission thereof, and any person adversely affected shall have 2,786
the same right of appeal as provided in those sections. 2,787
This section does not require the state, a municipal 2,789
corporation, county, township, or any railroad or other private 2,790
corporation to provide sufficient vertical clearance to permit 2,791
the operation of such vehicle, or to make any changes in or about 2,792
existing structures now crossing streets, roads, and other public 2,793
thoroughfares in this state. 2,794
(F) AS USED IN THIS SECTION, "RECREATIONAL VEHICLE" HAS 2,796
THE SAME MEANING AS IN SECTION 4501.01 OF THE REVISED CODE. 2,797
Sec. 5577.11. No person shall drive or operate, or cause 2,806
to be driven or operated, any commercial car, trailer, or 2,807
semitrailer, used for the transportation of goods or property, 2,808
the gross weight of which, with load, exceeds three tons, upon 2,809
the public highways, streets, bridges, and culverts within this 2,810
66
state, unless such vehicle is equipped with suitable metal
protectors or substantial flexible flaps on the rearmost wheels 2,811
of such vehicle or combination of vehicles to prevent, as far as 2,812
practicable, the wheels from throwing dirt, water, or other 2,813
materials on the windshields of following vehicles. Such 2,814
protectors or flaps shall have a ground clearance of not more 2,815
than one fifth THIRD of the distance from the center of the 2,816
rearmost axle to the center of the flaps under any conditions of 2,817
loading of the vehicle, and they shall be at least as wide as the 2,818
tires they are protecting. If the vehicle is so designed and
constructed that such requirements are accomplished by means of 2,819
fenders, body construction, or other means of enclosure, then no 2,820
such protectors or flaps are required. Rear wheels not covered 2,821
at the top by fenders, bodies, or other parts of the vehicle 2,822
shall be covered at the top by protective means extending at 2,823
least to the center line of the rearmost axle.
Section 2. That existing sections 4501.01, 4501.27, 2,825
4503.07, 4506.01, 4506.09, 4506.13, 4506.16, 4507.10, 4507.11, 2,826
4511.77, 4513.071, 4513.20, 4513.261, 4513.60, 4513.99, 4905.06, 2,827
4919.79, 4921.02, 4921.101, 4923.02, 4923.20, 5577.05, and 2,828
5577.11 of the Revised Code are hereby repealed.
Section 3. (A) A study committee is hereby established to 2,831
study the feasibility of requiring insurance companies issuing 2,832
motor vehicle liability insurance policies in this state to 2,833
report certain policy information to the Registrar of Motor 2,834
Vehicles. The study committee shall consist of eight members, 2,835
including the Director of Public Safety or the Director's
designee, the Superintendent of Insurance or the Superintendent's 2,836
designee, two members appointed by the Governor, two members 2,837
appointed by the Speaker of the House of Representatives, and two 2,838
members appointed by the President of the Senate. Of the members 2,839
appointed by the Governor, one shall represent an Ohio-based 2,840
automobile insurance company or organization, and one shall be an 2,841
automobile insurance agent. Of the members appointed by the 2,842
67
Speaker of the House of Representatives, both shall be members of 2,843
the House of Representatives and only one shall be of the same 2,844
political party as the Speaker. Of the members appointed by the 2,845
President of the Senate, both shall be members of the Senate and 2,846
only one shall be of the same political party as the President. 2,847
The Governor, Speaker, and President shall make their 2,848
appointments within two weeks after the effective date of this 2,849
section. The Director of Public Safety or the Director's 2,850
designee and the Superintendent of Insurance or the 2,851
Superintendent's designee shall serve as co-chairpersons of the 2,852
study committee.
(B) The study committee shall begin meeting as soon as 2,854
practicable after the effective date of this section and shall 2,855
consider all of the following: 2,856
(1) Whether insurers should be required to report all 2,858
motor vehicle liability insurance renewals, cancellations, or 2,859
lapses to the Registrar and, if so, the time within which the 2,860
report should be made; 2,861
(2) Whether insurers should be required to report the 2,863
issuance of new motor vehicle policies to the Registrar and, if 2,864
so, the time within which the report should be made; 2,865
(3) The impact of such required reporting on the costs 2,867
incurred by the insurance industry and the potential for 2,868
increased insurance premiums; 2,869
(4) The form and content of any recommended reports; 2,871
(5) Whether the Director of Public Safety, the 2,873
Superintendent of Insurance, or the Registrar should be required 2,874
or authorized to adopt rules under Chapter 111. or 119. of the 2,875
Revised Code to implement any recommended reporting requirements; 2,876
(6) What sanctions should be imposed for any failure by an 2,878
insurer to timely file any required report; 2,879
(7) What uses should be made of the reported information, 2,881
including whether the information should be excluded from the 2,882
public records provisions of section 149.43 of the Revised Code; 2,883
68
(8) What notice, if any, should be provided to the person 2,885
whose insurance has been reported lapsed or canceled; 2,886
(9) Whether the insurer should be granted immunity from 2,888
civil liability for failure to make a report; 2,889
(10) Any other related issues the Registrar or the members 2,891
of the study committee consider relevant. 2,892
(C) The study committee shall consider provisions 2,894
contained in the laws or regulations of other states regarding 2,895
motor vehicle liability insurance verification. 2,896
(D) Not later than one year after the effective date of 2,898
this section, the study committee shall prepare a comprehensive 2,899
report, including findings and recommendations, and shall submit 2,900
the report to the Governor, the Registrar of Motor Vehicles, the 2,901
Speaker of the House of Representatives, the President of the 2,902
Senate, and the Chairpersons of the Insurance and Transportation 2,903
committees of the House of Representatives and the Senate. After 2,904
submitting its report, the study committee shall cease to exist. 2,905
Section 4. That Section 82 of Am. Sub. H.B. 283 of the 2,907
123rd General Assembly be amended to read as follows: 2,908
"Sec. 82. DHS DEPARTMENT OF PUBLIC SAFETY 2,910
General Revenue Fund 2,912
GRF 763-403 Operating Expenses - 2,915
EMA $ 4,090,853 $ 3,574,514 2,917
GRF 763-409 MARCS Operations and 2,919
Maintenance $ 740,284 $ 735,997 2,921
GRF 763-507 Individual and Family 2,923
Grants $ 100,000 $ 105,000 2,925
GRF 764-404 Transportation 2,927
Enforcement
Operations $ 2,156,879 $ 2,157,207 2,929
2,957,207 2,930
GRF 769-321 Food Stamp 2,932
Trafficking
Enforcement
69
Operations $ 716,936 $ 897,720 2,934
TOTAL GRF General Revenue Fund $ 7,804,952 $ 7,470,438 2,937
8,270,438 2,938
TOTAL ALL BUDGET FUND GROUPS $ 7,804,952 $ 7,470,438 2,943
8,270,438 2,944
American Red Cross Disaster Preparedness and Training 2,947
Of the foregoing appropriation item 763-403, Operating 2,949
Expenses - EMA, up to $500,000 in fiscal year 2000 shall be 2,951
distributed to the American Red Cross in Ohio for disaster 2,952
preparedness and emergency training.
The Ohio Emergency Management Agency shall develop an 2,954
agreement between the State of Ohio Chapters of the American Red 2,955
Cross to specify the terms by which these funds shall be 2,956
requested, distributed, and accounted for to enhance the disaster 2,957
response capability of the American Red Cross in Ohio. Funds
shall not be used for administrative costs. The Ohio Emergency 2,958
Management Agency shall require of the American Red Cross a plan 2,959
that facilitates implementation of the current Statement of 2,960
Understanding between the State of Ohio and the American Red 2,961
Cross. The release of funds shall be contingent upon a plan that
is satisfactory to both parties. 2,962
Ohio Task Force One - Urban Search and Rescue Unit 2,964
Of the foregoing appropriation item 763-403, Operating 2,966
Expenses - EMA, $200,000 in each fiscal year shall be used to 2,968
fund the Ohio Task Force One - Urban Search and Rescue Unit. 2,969
MARCS Operations and Maintenance Transfers 2,971
Upon the request of the Director of Public Safety, the 2,973
Director of Budget and Management shall transfer up to $304,284 2,974
in cash in fiscal year 2000 and $303,550 in cash in fiscal year 2,975
2001 by intrastate transfer voucher from appropriation item 2,976
763-409, MARCS Operations and Maintenance, to Fund 4S2, MARCS 2,977
Maintenance Fund.
Upon the request of the Director of Public Safety, the 2,979
Director of Budget and Management shall transfer up to $436,000 2,980
70
in cash in fiscal year 2000 and $432,447 in cash in fiscal year 2,981
2001 by intrastate transfer voucher from appropriation item 2,982
763-409, MARCS Operations and Maintenance, to Fund 4W6, MARCS 2,983
Operations Fund.
IFG State Match 2,985
The foregoing appropriation item 763-507, Individual and 2,987
Family Grants, shall be used to fund the state share of costs to 2,988
provide grants to individuals and families in cases of disaster. 2,989
TRANSPORTATION ENFORCEMENT OPERATIONS 2,992
OF THE FOREGOING APPROPRIATION ITEM 764-404, TRANSPORTATION 2,994
ENFORCEMENT OPERATIONS, UP TO $800,000 IN FISCAL YEAR 2001 SHALL 2,996
BE USED FOR THE DEPARTMENT OF PUBLIC SAFETY'S BUS INSPECTION
PROGRAM.
THE DEPARTMENT OF PUBLIC SAFETY SHALL PREPARE A REPORT 2,998
PROVIDING PROGRAM COSTS, REVENUES, AND NUMBER OF INSPECTIONS FROM 2,999
THE BUS INSPECTION PROGRAM'S DATE OF ENACTMENT THROUGH MARCH OF 3,000
2001. THE REPORT SHALL INCLUDE A PLAN TO FUND ANY SHORTFALLS 3,001
BETWEEN COSTS AND REVENUES FOR THE FISCAL YEAR 2002 TO FISCAL 3,002
YEAR 2003 BIENNIUM. THE DEPARTMENT SHALL PROVIDE THE REPORT TO
THE SENATE PRESIDENT, HOUSE SPEAKER, CHAIR OF SENATE FINANCE AND 3,004
FINANCIAL INSTITUTIONS, CHAIR OF HOUSE FINANCE AND 3,005
APPROPRIATIONS, AND THE LEGISLATIVE BUDGET OFFICE NO LATER THAN 3,008
APRIL 16, 2001."
Section 5. That existing Section 82 of Am. Sub. H.B. 283 3,010
of the 123rd General Assembly is hereby repealed. 3,011
Section 6. Sections 4 and 5 of this act, which appropriate 3,014
money for the current expenses of state government, and section 3,015
4513.53 of the Revised Code, as enacted by this act, are not 3,016
subject to the referendum. Therefore, under Ohio Constitution, 3,017
Article II, Section 1d and section 1.471 of the Revised Code, 3,018
these items go into immediate effect when this act becomes law. 3,019
Section 7. Section 4501.01 of the Revised Code is 3,021
presented in this act as a composite of the section as amended by 3,022
both Am. Sub. H.B. 611 and Am. Sub. S.B. 142 of the 122nd General 3,023
71
Assembly, with the new language of neither of the acts shown in 3,024
capital letters. Section 4506.01 of the Revised Code is presented 3,025
in this act as a composite of the section as amended by both Am. 3,027
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 3,028
letters. Section 4507.10 of the Revised Code is presented in 3,029
this act as a composite of the section as amended by Am. Sub. 3,031
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 3,033
acts shown in capital letters. This is in recognition of the 3,034
principle stated in division (B) of section 1.52 of the Revised 3,035
Code that such amendments are to be harmonized where not 3,036
substantively irreconcilable and constitutes a legislative 3,037
finding that such is the resulting version in effect prior to the 3,038
effective date of this act.
Section 8. The codified and uncodified sections contained 3,040
in this act, except for this section, the emergency clause, and 3,041
section 4501.27 of the Revised Code, as amended by this act, take 3,042
effect on the ninety-first day after this act is filed with the 3,043
Secretary of State. 3,044
Section 9. This act is hereby declared to be an emergency 3,046
measure necessary for the immediate preservation of the public 3,047
peace, health, and safety. The reason for such necessity is 3,048
that, by June 1, 2000, this state must be in compliance with 3,049
recent federal changes to federal Driver's Privacy Protection 3,050
Act. Therefore, this act shall go into immediate effect. 3,051