As Reported by the Senate Highways and Transportation Committee 1
123rd General Assembly 4
Regular Session Sub. H. B. No. 600 5
1999-2000 6
REPRESENTATIVES CLANCY-KRUPINSKI-BENDER-O'BRIEN-PERRY-WILSON- 8
METELSKY-HARTNETT-KILBANE-ROMAN-DISTEL-BOYD-EVANS-VESPER-GOODING- 9
PRINGLE-JAMES-OGG-CALLENDER-WINKLER-CATES-FERDERBER-STEVENS 10
_________________________________________________________________ 11
A B I L L
To amend sections 4501.01, 4501.27, 4503.07, 13
4506.01, 4506.09, 4506.13, 4506.16, 4507.10, 15
4507.11, 4511.77, 4513.071, 4513.20, 4513.261,
4513.60, 4513.99, 4905.06, 4919.79, 4921.02, 16
4921.101, 4923.02, 4923.20, 5577.05, and 5577.11 17
and to enact sections 4501.271, 4506.011,
4507.101, 4513.50, 4513.51, 4513.52, and 4513.53 18
of the Revised Code and to amend Section 82 of 19
Am. Sub. H.B. 283 of the 123rd General Assembly 20
to establish a bus safety inspection program
conducted by the State Highway Patrol; to revise 21
the law governing the disclosure of personal 22
information from records of the Bureau of Motor
Vehicles; to allow driver's license reciprocity 23
with foreign countries; to make changes in 24
Commercial Motor Vehicle Law and vehicle
equipment requirements; to make other changes in 25
the law governing drivers' licenses; to create a 27
committee to study the feasibility of requiring
insurance companies to report policy information 28
to the Registrar of Motor Vehicles; to establish 29
maximum vehicle dimensions for recreational
vehicles; to prohibit the Bureau of Motor 30
Vehicles from disclosing the residence address of 31
certain peace officers as contained in the
Bureau's records if the officer requests that the 32
2
information be confidential; to make changes to
the Public Utilities Commission inspection 33
program for vehicles transporting passengers; to 34
increase the towing and storage fees that must be 35
paid when a person claims a motor vehicle that
has been ordered into storage by a law 36
enforcement official or removed from a private 37
tow-away zone; to make an appropriation for the
Bus Inspection Program; and to declare an 38
emergency.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 40
Section 1. That sections 4501.01, 4501.27, 4503.07, 42
4506.01, 4506.09, 4506.13, 4506.16, 4507.10, 4507.11, 4511.77, 43
4513.071, 4513.20, 4513.261, 4513.60, 4513.99, 4905.06, 4919.79, 44
4921.02, 4921.101, 4923.02, 4923.20, 5577.05, and 5577.11 be 45
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 47
read as follows:
Sec. 4501.01. As used in this chapter and Chapters 4503., 57
4505., 4507., 4509., 4511., 4513., 4515., and 4517. of the 58
Revised Code, and in the penal laws, except as otherwise 59
provided: 60
(A) "Vehicles" means everything on wheels or runners, 62
including motorized bicycles, but does not mean vehicles that are 63
operated exclusively on rails or tracks or from overhead electric 64
trolley wires and vehicles that belong to any police department, 65
municipal fire department, or volunteer fire department, or that 66
are used by such a department in the discharge of its functions. 67
(B) "Motor vehicle" means any vehicle, including mobile 70
homes and recreational vehicles, that is propelled or drawn by 72
power other than muscular power or power collected from overhead 73
electric trolley wires. "Motor vehicle" does not include 74
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motorized bicycles, road rollers, traction engines, power 75
shovels, power cranes, and other equipment used in construction 76
work and not designed for or employed in general highway 77
transportation, well-drilling machinery, ditch-digging machinery, 78
farm machinery, trailers that are used to transport agricultural 79
produce or agricultural production materials between a local 80
place of storage or supply and the farm when drawn or towed on a 81
public road or highway at a speed of twenty-five miles per hour 82
or less, threshing machinery, hay-baling machinery, corn sheller, 83
hammermill and agricultural tractors, machinery used in the 84
production of horticultural, agricultural, and vegetable 85
products, and trailers that are designed and used exclusively to 86
transport a boat between a place of storage and a marina, or in 87
and around a marina, when drawn or towed on a public road or 88
highway for a distance of no more than ten miles and at a speed 89
of twenty-five miles per hour or less.
(C) "Agricultural tractor" and "traction engine" mean any 91
self-propelling vehicle that is designed or used for drawing 92
other vehicles or wheeled machinery, but has no provisions for 93
carrying loads independently of such other vehicles, and that is 94
used principally for agricultural purposes. 95
(D) "Commercial tractor," except as defined in division 97
(C) of this section, means any motor vehicle that has motive 98
power and either is designed or used for drawing other motor 99
vehicles, or is designed or used for drawing another motor 101
vehicle while carrying a portion of the other motor vehicle or 102
its load, or both.
(E) "Passenger car" means any motor vehicle that is 104
designed and used for carrying not more than nine persons and 105
includes any motor vehicle that is designed and used for carrying 106
not more than fifteen persons in a ridesharing arrangement. 107
(F) "Collector's vehicle" means any motor vehicle or 109
agricultural tractor or traction engine that is of special 110
interest, that has a fair market value of one hundred dollars or 111
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more, whether operable or not, and that is owned, operated, 112
collected, preserved, restored, maintained, or used essentially 113
as a collector's item, leisure pursuit, or investment, but not as 114
the owner's principal means of transportation. "Licensed 115
collector's vehicle" means a collector's vehicle, other than an 116
agricultural tractor or traction engine, that displays current, 117
valid license tags issued under section 4503.45 of the Revised 118
Code, or a similar type of motor vehicle that displays current, 119
valid license tags issued under substantially equivalent 120
provisions in the laws of other states. 121
(G) "Historical motor vehicle" means any motor vehicle 123
that is over twenty-five years old and is owned solely as a 124
collector's item and for participation in club activities, 125
exhibitions, tours, parades, and similar uses, but that in no 126
event is used for general transportation. 127
(H) "Noncommercial motor vehicle" means any motor vehicle, 129
including a farm truck as defined in section 4503.04 of the 130
Revised Code, that is designed by the manufacturer to carry a 131
load of no more than one ton and is used exclusively for purposes 132
other than engaging in business for profit. 133
(I) "Bus" means any motor vehicle that has motor power and 136
is designed and used for carrying more than nine passengers,
except any motor vehicle that is designed and used for carrying 137
not more than fifteen passengers in a ridesharing arrangement. 138
(J) "Commercial car" OR "TRUCK" means any motor vehicle 140
that has motor power and is designed and used for carrying 142
merchandise or freight, or that is used as a commercial tractor. 143
(K) "Bicycle" means every device, other than a tricycle 145
that is designed solely for use as a play vehicle by a child, 147
that is propelled solely by human power upon which any person may 148
ride, and that has either two tandem wheels, or one wheel in 149
front and two wheels in the rear, any of which is more than 150
fourteen inches in diameter.
(L) "Motorized bicycle" means any vehicle that either has 152
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two tandem wheels or one wheel in the front and two wheels in the 154
rear, that is capable of being pedaled, and that is equipped with
a helper motor of not more than fifty cubic centimeters piston 155
displacement that produces no more than one brake horsepower and 156
is capable of propelling the vehicle at a speed of no greater 157
than twenty miles per hour on a level surface. 158
(M) "Trailer" means any vehicle without motive power that 161
is designed or used for carrying property or persons wholly on
its own structure and for being drawn by a motor vehicle, and 162
includes any such vehicle that is formed by or operated as a 163
combination of a semitrailer and a vehicle of the dolly type such 164
as that commonly known as a trailer dolly, a vehicle used to 165
transport agricultural produce or agricultural production 166
materials between a local place of storage or supply and the farm 167
when drawn or towed on a public road or highway at a speed 168
greater than twenty-five miles per hour, and a vehicle that is 169
designed and used exclusively to transport a boat between a place 170
of storage and a marina, or in and around a marina, when drawn or 171
towed on a public road or highway for a distance of more than ten 172
miles or at a speed of more than twenty-five miles per hour. 173
"Trailer" does not include a manufactured home or travel trailer. 174
(N) "Noncommercial trailer" means any trailer, except a 176
travel trailer or trailer that is used to transport a boat as 177
described in division (B) of this section, but, where applicable, 178
includes a vehicle that is used to transport a boat as described 179
in division (M) of this section, that has a gross weight of no 180
more than three thousand pounds, and that is used exclusively for 181
purposes other than engaging in business for a profit. 182
(O) "Mobile home" means a building unit or assembly of 185
closed construction that is fabricated in an off-site facility, 186
is more than thirty-five body feet in length or, when erected on 187
site, is three hundred twenty or more square feet, is built on a 188
permanent chassis, is transportable in one or more sections, and 190
does not qualify as a manufactured home as defined in division 191
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(C)(4) of section 3781.06 of the Revised Code or as an 192
industrialized unit as defined in division (C)(3) of section 193
3781.06 of the Revised Code.
(P) "Semitrailer" means any vehicle of the trailer type 195
that does not have motive power and is so designed or used with 196
another and separate motor vehicle that in operation a part of 197
its own weight or that of its load, or both, rests upon and is 198
carried by the other vehicle furnishing the motive power for 199
propelling itself and the vehicle referred to in this division, 200
and includes, for the purpose only of registration and taxation 201
under those chapters, any vehicle of the dolly type, such as a 202
trailer dolly, that is designed or used for the conversion of a 203
semitrailer into a trailer. 204
(Q) "Recreational vehicle" means a vehicular portable 206
structure that MEETS ALL OF THE FOLLOWING CONDITIONS: 207
(1) IT is designed and constructed to be used as a 209
temporary dwelling for THE SOLE PURPOSE OF RECREATIONAL travel, 210
recreational, and vacation uses and. 211
(2) IT IS NOT USED FOR THE PURPOSE OF ENGAGING IN BUSINESS 213
FOR PROFIT.
(3) IT IS NOT USED FOR THE PURPOSE OF ENGAGING IN 215
INTRASTATE COMMERCE.
(4) IT IS NOT USED FOR THE PURPOSE OF COMMERCE AS DEFINED 217
IN 49 C.F.R. 383.5, AS AMENDED. 218
(5) IT IS NOT REGULATED BY THE PUBLIC UTILITIES COMMISSION 220
PURSUANT TO CHAPTER 4919., 4921., OR 4923. OF THE REVISED CODE. 221
(6) IT is classed as follows ONE OF THE FOLLOWING: 223
(1)(a) "Travel trailer" means a nonself-propelled 225
recreational vehicle that does not exceed an overall length of 226
thirty-five feet, exclusive of bumper and tongue or coupling, and 227
contains less than three hundred twenty square feet of space when 228
erected on site. "Travel trailer" includes a tent-type fold-out 230
camping trailer as defined in section 4517.01 of the Revised 231
Code.
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(2)(b) "Motor home" means a self-propelled recreational 233
vehicle that HAS NO FIFTH WHEEL AND is constructed with 234
permanently installed facilities for cold storage, cooking and 236
consuming of food, and for sleeping.
(3)(c) "Truck camper" means a nonself-propelled 238
recreational vehicle that does not have wheels for road use and 239
is designed to be placed upon and attached to a motor vehicle. 240
"Truck camper" does not include truck covers that consist of 241
walls and a roof, but do not have floors and facilities enabling 242
them to be used as a dwelling.
(4)(d) "Fifth wheel trailer" means a vehicle that is of 244
such size and weight as to be movable without a special highway 246
permit, that has a gross trailer area of four hundred square feet 247
or less, that is constructed with a raised forward section that 248
allows a bi-level floor plan, and that is designed to be towed by
a vehicle equipped with a fifth-wheel hitch ordinarily installed 249
in the bed of a truck. 250
(5)(e) "Park trailer" means a vehicle that is commonly 252
known as a park model recreational vehicle, meets the American 254
national standard institute standard A119.5 (1988) for park 255
trailers, is built on a single chassis, has a gross trailer area 256
of four hundred square feet or less when set up, is designed for
seasonal or temporary living quarters, and may be connected to 257
utilities necessary for the operation of installed features and 258
appliances.
(R) "Pneumatic tires" means tires of rubber and fabric or 260
tires of similar material, that are inflated with air. 261
(S) "Solid tires" means tires of rubber or similar elastic 263
material that are not dependent upon confined air for support of 264
the load.
(T) "Solid tire vehicle" means any vehicle that is 266
equipped with two or more solid tires. 267
(U) "Farm machinery" means all machines and tools that are 269
used in the production, harvesting, and care of farm products, 270
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and includes trailers that are used to transport agricultural 271
produce or agricultural production materials between a local 272
place of storage or supply and the farm when drawn or towed on a 273
public road or highway at a speed of twenty-five miles per hour 274
or less.
(V) "Owner" includes any person, firm, or corporation 276
other than a manufacturer or dealer that has title to a motor 277
vehicle, except that in sections 4505.01 to 4505.19 of the 278
Revised Code, "owner" includes in addition manufacturers and 279
dealers.
(W) "Manufacturer" and "dealer" include all persons, 281
firms, and corporations that are regularly engaged in the 282
business of manufacturing, selling, displaying, offering for 283
sale, or dealing in motor vehicles, at an established place of 284
business that is used exclusively for the purpose of 285
manufacturing, selling, displaying, offering for sale, or dealing 286
in motor vehicles. A place of business that is used for 287
manufacturing, selling, displaying, offering for sale, or dealing 288
in motor vehicles shall be deemed to be used exclusively for 289
those purposes even though snowmobiles or all-purpose vehicles 290
are sold or displayed for sale thereat, even though farm 291
machinery is sold or displayed for sale thereat, or even though 292
repair, accessory, gasoline and oil, storage, parts, service, or 293
paint departments are maintained thereat, or, in any county 294
having a population of less than seventy-five thousand persons at 295
the last federal census, even though a department in a place of 296
business is used to dismantle, salvage, or rebuild motor vehicles 297
by means of used parts, if such departments are operated for the 298
purpose of furthering and assisting in the business of 299
manufacturing, selling, displaying, offering for sale, or dealing 300
in motor vehicles. Places of business or departments in a place 301
of business used to dismantle, salvage, or rebuild motor vehicles 302
by means of using used parts are not considered as being 303
maintained for the purpose of assisting or furthering the 304
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manufacturing, selling, displaying, and offering for sale or 305
dealing in motor vehicles.
(X) "Operator" includes any person who drives or operates 307
a motor vehicle upon the public highways. 308
(Y) "Chauffeur" means any operator who operates a motor 310
vehicle, other than a taxicab, as an employee for hire; or any 311
operator whether or not the owner of a motor vehicle, other than 312
a taxicab, who operates such vehicle for transporting, for gain, 313
compensation, or profit, either persons or property owned by 314
another. Any operator of a motor vehicle who is voluntarily 315
involved in a ridesharing arrangement is not considered an 316
employee for hire or operating such vehicle for gain, 317
compensation, or profit.
(Z) "State" includes the territories and federal districts 319
of the United States, and the provinces of Canada. 320
(AA) "Public roads and highways" for vehicles includes all 322
public thoroughfares, bridges, and culverts. 323
(BB) "Manufacturer's number" means the manufacturer's 325
original serial number that is affixed to or imprinted upon the 326
chassis or other part of the motor vehicle. 327
(CC) "Motor number" means the manufacturer's original 329
number that is affixed to or imprinted upon the engine or motor 330
of the vehicle. 331
(DD) "Distributor" means any person who is authorized by 333
a motor vehicle manufacturer to distribute new motor vehicles to 334
licensed motor vehicle dealers at an established place of 335
business that is used exclusively for the purpose of distributing 336
new motor vehicles to licensed motor vehicle dealers, except when 337
the distributor also is a new motor vehicle dealer, in which case 338
the distributor may distribute at the location of the 339
distributor's licensed dealership. 340
(EE) "Ridesharing arrangement" means the transportation of 342
persons in a motor vehicle where the transportation is incidental 344
to another purpose of a volunteer driver and includes ridesharing 345
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arrangements known as carpools, vanpools, and buspools. 346
(FF) "Apportionable vehicle" means any vehicle that is 348
used or intended for use in two or more international 349
registration plan member jurisdictions that allocate or 350
proportionally register vehicles, that is used for the 351
transportation of persons for hire or designed, used, or 352
maintained primarily for the transportation of property, and that 353
meets any of the following qualifications:
(1) Is a power unit having a gross vehicle weight in 355
excess of twenty-six thousand pounds; 356
(2) Is a power unit having three or more axles, regardless 358
of the gross vehicle weight; 359
(3) Is a combination vehicle with a gross vehicle weight 361
in excess of twenty-six thousand pounds. 362
"Apportionable vehicle" does not include recreational 364
vehicles, vehicles displaying restricted plates, city pick-up and 365
delivery vehicles, buses used for the transportation of chartered 366
parties, or vehicles owned and operated by the United States, 367
this state, or any political subdivisions thereof. 368
(GG) "Chartered party" means a group of persons who 370
contract as a group to acquire the exclusive use of a 371
passenger-carrying motor vehicle at a fixed charge for the 372
vehicle in accordance with the carrier's tariff, lawfully on file 373
with the United States department of transportation, for the 375
purpose of group travel to a specified destination or for a 376
particular itinerary, either agreed upon in advance or modified 377
by the chartered group after having left the place of origin. 378
(HH) "International registration plan" means a reciprocal 380
agreement of member jurisdictions that is endorsed by the 381
American association of motor vehicle administrators, and that 382
promotes and encourages the fullest possible use of the highway 383
system by authorizing apportioned registration of fleets of 384
vehicles and recognizing registration of vehicles apportioned in 385
member jurisdictions. 386
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(II) "Restricted plate" means a license plate that has a 388
restriction of time, geographic area, mileage, or commodity, and 389
includes license plates issued to farm trucks under division (K) 390
of section 4503.04 of the Revised Code. 391
(JJ) "Gross vehicle weight," with regard to any commercial 393
car, trailer, semitrailer, or bus that is taxed at the rates 394
established under section 4503.042 of the Revised Code, means the 395
unladen weight of the vehicle fully equipped plus the maximum 396
weight of the load to be carried on the vehicle. 397
(KK) "Combined gross vehicle weight" with regard to any 399
combination of a commercial car, trailer, and semitrailer, that 400
is taxed at the rates established under section 4503.042 of the 401
Revised Code, means the total unladen weight of the combination 402
of vehicles fully equipped plus the maximum weight of the load to 403
be carried on that combination of vehicles. 404
(LL) "Chauffeured limousine" means a motor vehicle that is 407
designed to carry nine or fewer passengers and is operated for 408
hire on an hourly basis pursuant to a prearranged contract for 409
the transportation of passengers on public roads and highways 410
along a route under the control of the person hiring the vehicle 411
and not over a defined and regular route. "Prearranged contract" 412
means an agreement, made in advance of boarding, to provide 413
transportation from a specific location in a chauffeured 414
limousine at a fixed rate per hour or trip. "Chauffeured 415
limousine" does not include any vehicle that is used exclusively 416
in the business of funeral directing. 417
(NN)(MM) "Manufactured home" has the same meaning as in 420
division (C)(4) of section 3781.06 of the Revised Code. 421
(OO)(NN) "Acquired situs," with respect to a manufactured 424
home or a mobile home, means to become located in this state 425
pursuant to the issuance of a certificate of title for the home 426
and the placement of the home on real property, but does not 427
include the placement of a manufactured home or a mobile home in 428
the inventory of a new motor vehicle dealer or the inventory of a 429
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manufacturer, remanufacturer, or distributor of manufactured or 430
mobile homes. 431
Sec. 4501.27. (A) Except as provided in division (B) of 441
this section, on and after September 13, 1997, the registrar of 442
motor vehicles, and any employee or contractor of the bureau of 443
motor vehicles, shall not knowingly disclose or otherwise make 444
available to any person or entity any personal information about 445
an individual that the bureau obtained in connection with a motor 446
vehicle record.
(B)(1) On and after September 13, 1997, the registrar, or 449
an employee or contractor of the bureau of motor vehicles, shall 450
disclose personal information, OTHER THAN SENSITIVE PERSONAL 451
INFORMATION, about an individual that the bureau obtained in 452
connection with a motor vehicle record, for use in connection 453
with any of the following matters to carry out the purposes of 454
any specified federal automobile-related act: 455
(a) Motor vehicle or driver safety and theft; 457
(b) Motor vehicle emissions; 459
(c) Motor vehicle product alterations, recalls, or 461
advisories; 462
(d) Performance monitoring of motor vehicles and dealers 465
by motor vehicle manufacturers;
(e) Removal of non-owner records from the original owner 468
records of motor vehicle manufacturers.
(2) In addition to the disclosure required under division 470
(B)(1) of this section, on and after September 13, 1997, the 472
registrar, or an employee or contractor of the bureau of motor 473
vehicles, may disclose personal information, OTHER THAN SENSITIVE 474
PERSONAL INFORMATION, about an individual that the bureau 475
obtained in connection with a motor vehicle record, as follows: 476
(a) For the use of a government agency, including, but not 479
limited to, a court or law enforcement agency, in carrying out
its functions, or for the use of a private person or entity 480
acting on behalf of an agency of this state, another state, the 481
13
United States, or a political subdivision of this state or 483
another state in carrying out its functions;
(b) For use in connection with matters regarding motor 486
vehicle or driver safety and theft; motor vehicle emissions;
motor vehicle product alterations, recalls, or advisories; 487
performance monitoring of motor vehicles, motor vehicle parts, 488
and dealers; motor vehicle market research activities, including, 490
but not limited to, survey research; MOTOR VEHICLE PRODUCT, 491
SERVICE, AND SAFETY COMMUNICATIONS; and removal of non-owner 492
records from the original owner records of motor vehicle
manufacturers; 493
(c) For use in the normal course of business by a 495
legitimate business or an agent, employee, or contractor of a 496
legitimate business, but only for one of the following purposes: 497
(i) To verify the accuracy of personal information 499
submitted to the business, agent, employee, or contractor by an 500
individual;
(ii) If personal information submitted to the business, 503
agent, employee, or contractor by an individual is incorrect or
no longer is correct, to obtain the correct information, but only 504
for the purpose of preventing fraud, by pursuing legal remedies 505
against, or recovering on a debt or security interest against, 506
the individual.
(d) For use in connection with a civil, criminal, 508
administrative, or arbitral proceeding in a court or agency of 509
this state, another state, the United States, or a political 510
subdivision of this state or another state or before a 511
self-regulatory body, including, but not limited to, use in 512
connection with the service of process, investigation in
anticipation of litigation, or the execution or enforcement of a 513
judgment or order; 514
(e) Pursuant to an order of a court of this state, another 517
state, the United States, or a political subdivision of this
state or another state; 518
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(f) For use in research activities or in producing 520
statistical reports, provided the personal information is not 521
published, redisclosed, or used to contact an individual; 522
(g) For use by an insurer, insurance support organization, 525
or self-insured entity, or by an agent, employee, or contractor
of that type of entity, in connection with any claims 526
investigation activity, anti-fraud activity, rating, or 527
underwriting;
(h) For use in providing notice to the owner of a towed, 530
impounded, immobilized, or forfeited vehicle;
(i) For use by any licensed private investigative agency 533
or licensed security service for any purpose permitted under
division (B)(2) of this section; 534
(j) For use by an employer or by the agent or insurer of 537
an employer to obtain or verify information relating to the
holder of a commercial driver's license or permit that is 538
required under the "Commercial Motor Vehicle Safety Act of 1986," 539
100 Stat. 3207-170, 49 U.S.C. 2701, et seq., as now or hereafter 540
amended;
(k) For use in connection with the operation of a private 543
toll transportation facility;
(l) For any use not otherwise identified in division 545
(B)(2) of this section that is in response to a request for 547
individual motor vehicle records, if the bureau of motor vehicles 548
has provided both of the following in a clear and conspicuous 549
manner on forms for the issuance or renewal of driver's or 550
commercial driver's licenses, motor vehicle certificates of 551
title, motor vehicle registrations and identification license 552
plates, and identification cards:
(i) Notice that personal information collected by the 555
bureau on or in relation to the forms may be disclosed to any
person;
(ii) An opportunity for an individual who WHOSE PERSONAL 557
INFORMATION IS REQUESTED completes and submits any of the forms 559
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TO THE REGISTRAR OR DEPUTY REGISTRAR A FORM PRESCRIBED BY THE 560
REGISTRAR BY RULE GIVING EXPRESS CONSENT to prohibit SUCH 561
disclosures.
(m) For bulk distribution for surveys, marketing, or 563
solicitations, if the bureau of motor vehicles has implemented 564
methods and procedures to ensure all of the following: 565
(i) That individuals are provided, in a clear and 567
conspicuous manner, an opportunity to prohibit uses of this 569
nature and, when a transaction is performed in person, the 570
individual is given verbal notice that personal information 571
collected by the bureau on or in relation to the forms for the 572
issuance or renewal of a driver's or commercial driver's license, 573
a motor vehicle certificate of title, a motor vehicle
registration and license plates, and an identification card may 574
be disclosed for uses of this nature; 575
(ii) The information will be used, rented, or sold solely 577
for bulk distribution for surveys, marketing, or solicitations, 578
and that those surveys, marketing, and solicitations will not be 579
directed at an individual who has requested in a timely fashion 580
that the surveys, marketing, and solicitations not be directed at 581
that individual WHOSE PERSONAL INFORMATION IS REQUESTED COMPLETES 582
AND SUBMITS TO THE REGISTRAR OR A DEPUTY REGISTRAR A FORM 583
PRESCRIBED BY THE REGISTRAR BY RULE GIVING EXPRESS CONSENT TO
SUCH DISCLOSURES. 584
(n) For use by a person, state, or state agency that 586
requests the information, if the person, state, or state agency 587
demonstrates that it has obtained the written consent of the 588
individual to whom the information pertains; 589
(o) For any other use specifically authorized by law that 592
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 595
SECTION, THE REGISTRAR, OR AN EMPLOYEE OR CONTRACTOR OF THE 597
BUREAU OF MOTOR VEHICLES, MAY DISCLOSE SENSITIVE PERSONAL 598
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INFORMATION ABOUT AN INDIVIDUAL THAT THE BUREAU OBTAINED IN 599
CONNECTION WITH A MOTOR VEHICLE RECORD, ONLY IF EITHER OF THE 600
FOLLOWING CONDITIONS ARE SATISFIED:
(i) THE INDIVIDUAL WHOSE PERSONAL INFORMATION IS REQUESTED 602
COMPLETES AND SUBMITS TO THE REGISTRAR OR DEPUTY REGISTRAR A FORM 603
PRESCRIBED BY THE REGISTRAR BY RULE GIVING EXPRESS CONSENT TO 604
SUCH DISCLOSURE; 605
(ii) THE DISCLOSURE IS FOR ONE OR MORE OF THE PURPOSES 607
DESCRIBED IN DIVISION (B)(2)(a), (d), (g), OR (j) OF THIS 609
SECTION.
(b) DIVISION (B)(3)(a) OF THIS SECTION DOES NOT APPLY TO 612
THE DISCLOSURE OF SENSITIVE PERSONAL INFORMATION THAT IS SUBJECT 613
TO SECTION 4501.15 OR 4507.53 OF THE REVISED CODE. 614
(C) On and after September 13, 1997, an authorized 616
recipient of personal information about an individual that the 617
bureau of motor vehicles obtained in connection with a motor 618
vehicle record, other than a recipient under division (B)(2)(l) 619
or (m) of this section, may resell or redisclose the personal 621
information only for a use permitted under division (B)(1), 622
(B)(2)(a) to (k), (B)(2)(n), or (B)(2)(o) of this section. On 623
and after September 13, 1997, an authorized recipient of personal 624
information about an individual under division (B)(2)(l) of this 626
section may resell or redisclose the information for any purpose. 627
On and after September 13, 1997, an authorized recipient of 628
personal information under division (B)(2)(m) of this section may 631
resell or redisclose the information as specified pursuant to
that division. On and after September 13, 1997, an authorized 633
recipient of personal information about an individual under
division (B) of this section, other than a recipient under 636
division (B)(2)(l) of this section, that resells or rediscloses 637
any personal information covered by this section must keep for a 638
period of five years a record that identifies each person or 639
entity that receives any of the personal information and the
permitted purpose for which the information is to be used, and 640
17
must make all such records available to the registrar of motor 641
vehicles upon the registrar's request. 642
(D) The registrar may establish and carry out procedures 645
under which the registrar or the registrar's agents, upon receipt 647
of a request for personal information on or after September 13, 648
1997, that does not satisfy any of the criteria for disclosure of 649
the information that are set forth in division (B)(1) or (2) of 650
this section, may notify the individual about whom the 651
information was requested, by regular mail, that the request was 652
made. Any procedures so adopted shall provide that, if the 654
registrar or an agent of the registrar mails the notice to the
individual, the registrar or agent shall include with the notice 655
a copy of the request and conspicuously shall include in the 656
notice a statement that the information will not be released 657
unless the individual waives the individual's right to privacy 658
regarding the information that is granted under this section.
(E) The registrar of motor vehicles may adopt any forms 661
and rules, consistent with but no more restrictive than the
requirements of Public Law No. 130-322, Title XXX, 18 U.S.C. 666
2721-2725, that are necessary to carry out the registrar's duties 667
under this section on and after September 13, 1997. 668
(F) Divisions (A) to (E) of this section do not apply to 671
the release of any personal information prior to September 13, 672
1997.
(G) As used in this section: 674
(1) "Motor vehicle record" means a record that pertains to 676
a motor vehicle driver's or commercial driver's license or 677
permit, a motor vehicle certificate of title, a motor vehicle 678
registration or motor vehicle identification license plates, or 679
an identification card issued by the bureau of motor vehicles. 680
(2) "Person" has the same meaning as in section 1.59 of 682
the Revised Code and does not include this state, another state, 684
or an agency of this state or another state. 685
(3) "Personal information" means information that 687
18
identifies an individual, including, but not limited to, an 688
individual's photograph or digital image, social security number, 690
driver or driver's license identification number, name, telephone 691
number, or medical or disability information, or an individual's
address other than the five-digit zip code number. "Personal 693
information" does not include information pertaining to a
vehicular accident, driving or traffic violation, or driver's 694
status.
(4) "Specified federal automobile-related act" means the 697
"automobile information disclosure act," 72 Stat. 325, 15 U.S.C. 702
1231-1233, the "Motor Vehicle Information and Cost Saving Act," 707
86 Stat. 947, 15 U.S.C. 1901, et seq., the "National Traffic and 711
Motor Vehicle Safety Act of 1966," 80 Stat. 718, 15 U.S.C. 1381, 716
et seq., the "Anti-car Theft Act of 1992," 106 Stat. 3384, 15 719
U.S.C. 2021, et seq., and the "Clean Air Act," 69 Stat. 322, 42 723
U.S.C. 7401, et seq., all as now or hereafter amended. 724
(5) "SENSITIVE PERSONAL INFORMATION" MEANS AN INDIVIDUAL'S 726
PHOTOGRAPH OR DIGITAL IMAGE, SOCIAL SECURITY NUMBER, OR MEDICAL 727
OR DISABILITY INFORMATION. 728
Sec. 4501.271. (A)(1) A PEACE OFFICER MAY FILE A WRITTEN 730
REQUEST WITH THE BUREAU OF MOTOR VEHICLES TO DO EITHER OR BOTH OF 731
THE FOLLOWING: 732
(a) PROHIBIT DISCLOSURE OF THE PEACE OFFICER'S RESIDENCE 734
ADDRESS AS CONTAINED IN MOTOR VEHICLE RECORDS OF THE BUREAU; 735
(b) PROVIDE A BUSINESS ADDRESS TO BE DISPLAYED ON THE 737
PEACE OFFICER'S DRIVER'S LICENSE OR CERTIFICATE OF REGISTRATION, 738
OR BOTH. 739
(2) THE PEACE OFFICER SHALL FILE THE REQUEST ON A FORM 741
PROVIDED BY THE REGISTRAR OF MOTOR VEHICLES AND SHALL PROVIDE ANY 742
DOCUMENTARY EVIDENCE VERIFYING THE PERSON'S STATUS AS A PEACE 743
OFFICER AND BUSINESS ADDRESS THAT THE REGISTRAR REQUIRES PURSUANT 744
TO DIVISION (G) OF THIS SECTION. 745
(B)(1) EXCEPT AS PROVIDED IN DIVISION (C) OF THIS SECTION, 747
IF A PEACE OFFICER HAS FILED A REQUEST UNDER DIVISION (A) OF THIS 748
19
SECTION, NEITHER THE REGISTRAR NOR AN EMPLOYEE OR CONTRACTOR OF 749
THE BUREAU OF MOTOR VEHICLES SHALL KNOWINGLY DISCLOSE THE 750
RESIDENCE ADDRESS OF THE PEACE OFFICER THAT THE BUREAU OBTAINED
IN CONNECTION WITH A MOTOR VEHICLE RECORD. 751
(2) IN ACCORDANCE WITH SECTION 149.43 OF THE REVISED CODE, 753
THE REGISTRAR OR AN EMPLOYEE OR CONTRACTOR OF THE BUREAU SHALL 754
MAKE AVAILABLE FOR INSPECTION OR COPYING A MOTOR VEHICLE RECORD
OF A PEACE OFFICER WHO HAS FILED A REQUEST UNDER DIVISION (A) OF 755
THIS SECTION IF THE RECORD IS A PUBLIC RECORD UNDER THAT SECTION, 756
BUT SHALL OBLITERATE THE RESIDENCE ADDRESS OF THE PEACE OFFICER
FROM THE RECORD BEFORE MAKING THE RECORD AVAILABLE FOR INSPECTION 757
OR COPYING. THE BUSINESS ADDRESS OF THE PEACE OFFICER MAY BE 758
MADE AVAILABLE IN RESPONSE TO A VALID REQUEST UNDER SECTION 759
149.43 OF THE REVISED CODE.
(C) NOTWITHSTANDING DIVISION (B)(2) OF SECTION 4501.27 OF 761
THE REVISED CODE, THE REGISTRAR OR AN EMPLOYEE OR CONTRACTOR OF 763
THE BUREAU MAY DISCLOSE THE RESIDENCE ADDRESS OF A PEACE OFFICER
WHO FILES A REQUEST UNDER DIVISION (A) OF THIS SECTION ONLY IN 764
ACCORDANCE WITH DIVISION (B)(1) OF SECTION 4501.27 OF THE REVISED 765
CODE OR PURSUANT TO A COURT ORDER. 766
(D) IF A PEACE OFFICER FILES A REQUEST UNDER DIVISION 768
(A)(1)(b) OF THIS SECTION, THE OFFICER SHALL STILL PROVIDE A 769
RESIDENCE ADDRESS IN ANY APPLICATION FOR A DRIVER'S LICENSE OR 770
LICENSE RENEWAL AND IN ANY APPLICATION FOR A MOTOR VEHICLE 771
REGISTRATION OR REGISTRATION RENEWAL. IN ACCORDANCE WITH 772
SECTIONS 4503.101 AND 4507.09 OF THE REVISED CODE, AN OFFICER 773
SHALL NOTIFY THE REGISTRAR OF ANY CHANGE IN THE OFFICER'S 774
RESIDENCE WITHIN TEN DAYS AFTER THE CHANGE OCCURS. 775
(E) A CERTIFICATE OF REGISTRATION ISSUED TO A PEACE 777
OFFICER WHO FILES A REQUEST UNDER DIVISION (A)(1)(b) OF THIS 778
SECTION SHALL DISPLAY THE BUSINESS ADDRESS OF THE OFFICER. 779
NOTWITHSTANDING SECTION 4507.13 OF THE REVISED CODE, A DRIVER'S 780
LICENSE ISSUED TO A PEACE OFFICER WHO FILES A REQUEST UNDER 781
DIVISION (A)(1)(b) OF THIS SECTION SHALL DISPLAY THE BUSINESS 782
20
ADDRESS OF THE OFFICER.
(F) THE REGISTRAR MAY UTILIZE THE RESIDENCE ADDRESS OF A 784
PEACE OFFICER WHO FILES A REQUEST UNDER DIVISION (A)(1)(b) OF 785
THIS SECTION IN CARRYING OUT THE FUNCTIONS OF THE BUREAU OF MOTOR 786
VEHICLES, INCLUDING DETERMINING THE DISTRICT OF REGISTRATION FOR 787
ANY APPLICABLE MOTOR VEHICLE TAX LEVIED UNDER CHAPTER 4504. OF 788
THE REVISED CODE, DETERMINING WHETHER TAILPIPE EMISSIONS 789
INSPECTIONS ARE REQUIRED, AND FINANCIAL RESPONSIBILITY 790
VERIFICATION.
(G) THE REGISTRAR SHALL ADOPT RULES GOVERNING A REQUEST 792
FOR CONFIDENTIALITY OF A PEACE OFFICER'S RESIDENCE ADDRESS OR USE 793
OF A BUSINESS ADDRESS, INCLUDING THE DOCUMENTARY EVIDENCE 794
REQUIRED TO VERIFY THE PERSON'S STATUS AS A PEACE OFFICER, THE 795
LENGTH OF TIME THAT THE REQUEST WILL BE VALID, PROCEDURES FOR 796
ENSURING THAT THE BUREAU OF MOTOR VEHICLES RECEIVES NOTICE OF ANY 797
CHANGE IN A PERSON'S STATUS AS A PEACE OFFICER, AND ANY OTHER 798
PROCEDURES THE REGISTRAR CONSIDERS NECESSARY. THE RULES OF THE 799
REGISTRAR MAY REQUIRE A PEACE OFFICER TO SURRENDER ANY
CERTIFICATE OF REGISTRATION AND ANY DRIVER'S LICENSE BEARING THE 800
BUSINESS ADDRESS OF THE OFFICER AND, UPON PAYMENT OF ANY 801
APPLICABLE FEES, TO RECEIVE A CERTIFICATE OF REGISTRATION AND 802
LICENSE BEARING THE OFFICER'S RESIDENCE ADDRESS, WHENEVER THE 803
OFFICER NO LONGER IS ASSOCIATED WITH THAT BUSINESS ADDRESS. 804
(H) AS USED IN THIS SECTION: 806
(1) "MOTOR VEHICLE RECORD" HAS THE SAME MEANING AS IN 808
SECTION 4501.27 OF THE REVISED CODE. 809
(2) "PEACE OFFICER" MEANS THOSE PERSONS DESCRIBED IN 811
DIVISION (A)(1), (2), (4), (5), (9), (12), OR (13) OF SECTION 812
109.71 OF THE REVISED CODE. "PEACE OFFICER" INCLUDES STATE 814
HIGHWAY PATROL TROOPERS BUT DOES NOT INCLUDE THE SHERIFF OF A 815
COUNTY OR A SUPERVISORY EMPLOYEE WHO, IN THE ABSENCE OF THE 816
SHERIFF, IS AUTHORIZED TO STAND IN FOR, EXERCISE THE AUTHORITY 818
OF, AND PERFORM THE DUTIES OF THE SHERIFF. 819
Sec. 4503.07. In lieu of the schedule of rates for 828
21
commercial cars fixed in section 4503.04 of the Revised Code, the 829
fee shall be ten dollars for each church bus used exclusively to 830
transport members of a church congregation to and from church 831
services or church functions or to transport children and their 832
authorized supervisors to and from any camping function sponsored 833
by a nonprofit, tax-exempt, charitable or philanthropic 834
organization. A church within the meaning of this section is an 835
organized religious group, duly constituted with officers and a 836
board of trustees, regularly holding religious services, and 837
presided over or administered to by a properly accredited
ecclesiastical officer, whose name and standing is published in 838
the official publication of the officer's religious group. 839
The application for registration of such bus shall be 841
accompanied by both of the following, AS APPLICABLE: 842
(A) An affidavit, prescribed by the registrar of motor 844
vehicles and signed by either the senior pastor, minister, 845
priest, or rabbi of the church making application or by the head 846
of the governing body of the church making application, stating 847
that the bus is to be used exclusively to transport members of a 848
church congregation to and from church services or church 850
functions or to transport children and their authorized 851
supervisors to and from any camping function sponsored by a 852
nonprofit, tax-exempt, charitable, or philanthropic organization; 853
(B) A certificate from the state highway patrol stating 855
that the bus involved is safe for operation in accordance with 856
such standards as are prescribed by the state highway patrol IF 858
THE BUS MEETS EITHER OF THE FOLLOWING:
(1) IT ORIGINALLY WAS DESIGNED BY THE MANUFACTURER TO 860
TRANSPORT SIXTEEN OR MORE PASSENGERS, INCLUDING THE DRIVER; 861
(2) IT HAS A GROSS VEHICLE WEIGHT RATING OF TEN THOUSAND 863
ONE POUNDS OR MORE. 864
The form of the license plate and the manner of its 866
attachment to the vehicle shall be prescribed by the registrar. 867
Sec. 4506.01. As used in this chapter: 878
22
(A) "Alcohol concentration" means the concentration of 880
alcohol in a person's blood, breath, or urine. When expressed as 881
a percentage, it means grams of alcohol per the following: 882
(1) One hundred milliliters of blood; 884
(2) Two hundred ten liters of breath; 886
(3) One hundred milliliters of urine. 888
(B) "School bus" has the same meaning as in section 890
4511.01 of the Revised Code. 891
(C) "Commercial driver's license" means a license issued 893
in accordance with this chapter that authorizes an individual to 894
drive a commercial motor vehicle. 895
(D) "Commercial driver license information system" means 897
the information system established pursuant to the requirements 898
of the "Commercial Motor Vehicle Safety Act of 1986," 100 Stat. 899
3207-171, 49 U.S.C.A. App. 2701. 900
(E) Except when used in section 4506.25 of the Revised 902
Code, "commercial motor vehicle" means any motor vehicle designed 905
or used to transport persons or property that meets any of the 906
following qualifications:
(1) Any combination of vehicles with a combined gross 908
vehicle weight rating of twenty-six thousand one pounds or more, 909
provided the gross vehicle weight rating of the vehicle or 910
vehicles being towed is in excess of ten thousand pounds; 911
(2) Any single vehicle with a gross vehicle weight rating 913
of twenty-six thousand one pounds or more, or any such vehicle 914
towing a vehicle having a gross vehicle weight rating that is not 915
in excess of ten thousand pounds; 916
(3) Any single vehicle or combination of vehicles that is 918
not a class A or class B vehicle, but that either is designed to 919
transport sixteen or more passengers including the driver, or is 920
placarded for hazardous materials; 921
(4) Any school bus with a gross vehicle weight rating of 924
less than twenty-six thousand one pounds that is designed to 925
transport fewer than sixteen passengers including the driver; 926
23
(5) Is transporting hazardous materials for which 928
placarding is required by regulations adopted under the 929
"Hazardous Materials Transportation Act," 88 Stat. 2156 (1975), 930
49 U.S.C.A. 1801, as amended; 931
(6) Any single vehicle or combination of vehicles that is 933
designed to be operated and to travel on a public street or 934
highway and is considered by the federal highway administration 935
to be a commercial motor vehicle, including, but not limited to, 936
a motorized crane, a vehicle whose function is to pump cement, a 937
rig for drilling wells, and a portable crane.
(F) "Controlled substance" means all of the following: 939
(1) Any substance classified as a controlled substance 941
under the "Controlled Substances Act," 80 Stat. 1242 (1970), 21 942
U.S.C.A. 802(6), as amended; 943
(2) Any substance included in schedules I through V of 21 945
C.F.R. part 1308, as amended; 946
(3) Any drug of abuse. 948
(G) "Conviction" means an unvacated adjudication of guilt 950
or a determination that a person has violated or failed to comply 951
with the law in a court of original jurisdiction or an authorized 953
administrative tribunal, an unvacated forfeiture of bail or 954
collateral deposited to secure the person's appearance in court,
the payment of a fine or court cost, or violation of a condition 955
of release without bail, regardless of whether or not the penalty 956
is rebated, suspended, or probated. 957
(H) "Disqualification" means withdrawal of the privilege 959
to drive a commercial motor vehicle. 960
(I) "Drive" means to drive, operate, or be in physical 962
control of a motor vehicle. 963
(J) "Driver" means any person who drives, operates, or is 965
in physical control of a commercial motor vehicle or is required 966
to have a commercial driver's license. 967
(K) "Driver's license" means a license issued by the 969
bureau of motor vehicles that authorizes an individual to drive. 970
24
(L) "Drug of abuse" means any controlled substance, 972
dangerous drug as defined in section 4729.01 of the Revised Code, 973
or over-the-counter medication that, when taken in quantities 974
exceeding the recommended dosage, can result in impairment of 975
judgment or reflexes. 976
(M) "Employer" means any person, including the federal 978
government, any state, and a political subdivision of any state, 979
that owns or leases a commercial motor vehicle or assigns a 980
person to drive such a motor vehicle. 981
(N) "Endorsement" means an authorization on a person's 983
commercial driver's license that is required to permit the person 984
to operate a specified type of commercial motor vehicle. 985
(O) "Felony" means any offense under federal or state law 987
that is punishable by death or specifically classified as a 988
felony under the law of this state, regardless of the penalty 989
that may be imposed. 990
(P) "Foreign jurisdiction" means any jurisdiction other 992
than a state. 993
(Q) "Gross vehicle weight rating" means the value 995
specified by the manufacturer as the maximum loaded weight of a 996
single or a combination vehicle. The gross vehicle weight rating 997
of a combination vehicle is the gross vehicle weight rating of 998
the power unit plus the gross vehicle weight rating of each towed 999
unit. 1,000
(R) "Hazardous materials" means materials identified as 1,002
such under regulations adopted under the "Hazardous Materials 1,003
Transportation Act," 88 Stat. 2156 (1975), 49 U.S.C.A. 1801, as 1,004
amended. 1,005
(S) "Motor vehicle" has the same meaning as in section 1,007
4511.01 of the Revised Code. 1,008
(T) Except when used in sections 4506.25 and 4506.26 of 1,010
the Revised Code, "out-of-service order" means a temporary 1,011
prohibition against driving a commercial motor vehicle issued 1,012
under this chapter or a similar law of another state or of a 1,013
25
foreign jurisdiction. 1,014
(U) "Residence" means any person's residence determined in 1,016
accordance with standards prescribed in rules adopted by the 1,018
registrar.
(V) "Temporary residence" means residence on a temporary 1,020
basis as determined by the registrar in accordance with standards 1,021
prescribed in rules adopted by the registrar. 1,022
(W) "Serious traffic violation" means a conviction arising 1,024
from the operation of a commercial motor vehicle that involves 1,025
any of the following: 1,026
(1) A single charge of any speed that is in excess of the 1,028
posted speed limit by an amount specified by the United States 1,029
secretary of transportation and that the director of public 1,030
safety designates as such by rule; 1,031
(2) Violation of section 4511.20, 4511.201, or 4511.202 of 1,033
the Revised Code or any similar ordinance or resolution, or of 1,034
any similar law of another state or political subdivision of 1,035
another state; 1,036
(3) Violation of a law of this state or an ordinance or 1,038
resolution relating to traffic control, other than a parking 1,039
violation, or of any similar law of another state or political 1,040
subdivision of another state, that results in a fatal accident; 1,041
(4) Violation of any other law of this state or an 1,043
ordinance or resolution relating to traffic control, other than a 1,044
parking violation, that is determined to be a serious traffic 1,045
violation by the United States secretary of transportation and 1,046
the director designates as such by rule. 1,047
(X) "State" means a state of the United States and 1,049
includes the District of Columbia. 1,050
(Y) "Tank vehicle" means any commercial motor vehicle that 1,052
is designed to transport any liquid AND HAS A MAXIMUM CAPACITY 1,053
GREATER THAN ONE HUNDRED NINETEEN GALLONS or IS DESIGNED TO 1,054
TRANSPORT gaseous materials AND HAS A WATER CAPACITY GREATER THAN 1,055
ONE THOUSAND POUNDS within a tank that is either permanently or 1,057
26
temporarily attached to the vehicle or its chassis, but. "TANK 1,058
VEHICLE" does not include any EITHER OF THE FOLLOWING: 1,059
(1) ANY portable tank having a rated capacity of less than 1,062
one thousand gallons;
(2) TANKS USED EXCLUSIVELY AS A FUEL TANK FOR THE MOTOR 1,064
VEHICLE TO WHICH IT IS ATTACHED. 1,065
(Z) "United States" means the fifty states and the 1,067
District of Columbia. 1,068
(AA) "Vehicle" has the same meaning as in section 4511.01 1,070
of the Revised Code. 1,071
(BB) "Peace officer" has the same meaning as in section 1,073
2935.01 of the Revised Code. 1,074
(CC) "PORTABLE TANK" MEANS A LIQUID OR GASEOUS PACKAGING 1,076
DESIGNED PRIMARILY TO BE LOADED ON OR TEMPORARILY ATTACHED TO A 1,077
VEHICLE AND EQUIPPED WITH SKIDS, MOUNTINGS, OR ACCESSORIES TO 1,078
FACILITATE HANDLING OF THE TANK BY MECHANICAL MEANS. 1,079
Sec. 4506.011. FOR PURPOSES OF THIS CHAPTER, THE ACTUAL 1,081
GROSS WEIGHT OF A VEHICLE OR COMBINATION OF VEHICLES MAY BE USED 1,082
IN LIEU OF A GROSS VEHICLE WEIGHT RATING TO DETERMINE WHETHER A 1,083
VEHICLE OR COMBINATION OF VEHICLES QUALIFIES AS A COMMERCIAL 1,084
MOTOR VEHICLE IF THE GROSS VEHICLE WEIGHT RATING SPECIFIED BY THE 1,085
MANUFACTURER FOR THE VEHICLE OR COMBINATION OF VEHICLES IS NOT 1,086
DETERMINABLE, OR IF THE MANUFACTURER OF THE VEHICLE HAS NOT 1,087
SPECIFIED A GROSS VEHICLE WEIGHT RATING. 1,088
Sec. 4506.09. (A) The registrar of motor vehicles, 1,097
subject to approval by the director of public safety, shall adopt 1,098
rules conforming with applicable standards adopted by the federal 1,099
highway administration as regulations under the "Commercial Motor 1,100
Vehicle Safety Act of 1986," 100 Stat. 3207-171, 49 U.S.C.A. App. 1,101
2701. The rules shall establish requirements for the 1,102
qualification and testing of persons applying for a commercial 1,103
driver's license, which shall be in addition to other 1,104
requirements established by this chapter. Except as provided in 1,105
division (B) of this section, the highway patrol OR ANY OTHER 1,106
27
EMPLOYEE OF THE DEPARTMENT OF PUBLIC SAFETY THE REGISTRAR 1,107
AUTHORIZES shall supervise and conduct the testing of persons 1,108
applying for a commercial driver's license. 1,109
(B) The director may adopt rules, in accordance with 1,111
Chapter 119. of the Revised Code and applicable requirements of 1,112
the federal highway administration, authorizing the skills test 1,113
specified in this section to be administered by any person, by an 1,114
agency of this or another state, or by an agency, department, or 1,115
instrumentality of local government and establishing a maximum 1,116
fee that may be charged by the other party, provided the skills 1,117
test is the same that otherwise would be administered by this 1,118
state and that the other party has entered into an agreement with 1,119
the director that includes, without limitation, all of the 1,120
following: 1,121
(1) Allows the director or his THE DIRECTOR'S 1,123
representative and the federal highway administration or its 1,125
representative to conduct random examinations, inspections, and 1,126
audits of the other party without prior notice; 1,127
(2) Requires the director or his THE DIRECTOR'S 1,129
representative to conduct on-site inspections of the other party 1,131
at least annually;
(3) Requires that all examiners of the other party meet 1,133
the same qualification and training standards as examiners of the 1,134
department of public safety, to the extent necessary to conduct 1,135
skills tests in the manner required by 49 C.F.R. 383.110 through 1,136
383.135; 1,137
(4) Requires either that state employees take, at least 1,139
annually and as though the employees were test applicants, the 1,140
tests actually administered by the other party, that the director 1,141
test a sample of drivers who were examined by the other party to 1,142
compare the test results, or that state employees accompany a 1,143
test applicant during an actual test; 1,144
(5) Reserves to this state the right to take prompt and 1,146
appropriate remedial action against testers of the other party if 1,147
28
the other party fails to comply with standards of this state or 1,148
federal standards for the testing program or with any other terms 1,149
of the contract. 1,150
(C) The director shall enter into an agreement with the 1,152
department of education authorizing the skills test specified in 1,153
this section to be administered by the department at any location 1,154
operated by the department for purposes of training and testing 1,155
school bus drivers, provided that the agreement between the 1,156
director and the department complies with the requirements of 1,157
division (B) of this section. Skills tests administered by the 1,158
department shall be limited to persons applying for a commercial 1,159
driver's license with a school bus endorsement. 1,160
(D) The director shall adopt rules, in accordance with 1,162
Chapter 119. of the Revised Code, authorizing waiver of the 1,163
skills test specified in this section for any applicant for a 1,164
commercial driver's license who meets all of the following 1,165
requirements: 1,166
(1) Certifies that, during the two-year period immediately 1,168
preceding his application for a commercial driver's license, all 1,169
of the following apply: 1,170
(a) He THE APPLICANT has not had more than one license; 1,172
(b) He THE APPLICANT has not had any license suspended, 1,174
revoked, or canceled; 1,176
(c) He THE APPLICANT has not had any convictions for any 1,178
type of motor vehicle for the offenses for which disqualification 1,180
is prescribed in section 4506.16 of the Revised Code; 1,181
(d) He THE APPLICANT has not had any violation of a state 1,183
or local law relating to motor vehicle traffic control other than 1,185
a parking violation arising in connection with any traffic 1,186
accident and has no record of an accident in which he THE 1,187
APPLICANT was at fault.
(2) Certifies and also provides evidence that he THE 1,189
APPLICANT is regularly employed in a job requiring him to operate 1,191
OPERATION OF a commercial motor vehicle and that one of the 1,193
29
following applies:
(a) He THE APPLICANT has previously taken and passed a 1,195
skills Test given by a state with a classified licensing and 1,197
testing system in which the test was behind-the-wheel in a 1,198
representative vehicle for his THE APPLICANT'S commercial 1,199
driver's license classification; 1,200
(b) He THE APPLICANT has regularly operated, for at least 1,202
two years immediately preceding his application for a commercial 1,204
driver's license, a vehicle representative of the commercial 1,205
motor vehicle he THE APPLICANT operates or expects to operate. 1,206
(E)(1) The department of public safety may charge and 1,208
collect a divisible fee of fifty dollars for each skills test 1,209
given as part of a commercial driver's license examination. The 1,210
fee shall consist of ten dollars for the pre-trip inspection 1,211
portion of the test, ten dollars for the off-road maneuvering 1,212
portion of the test, and thirty dollars for the on-road portion 1,213
of the test.
(2) The director may require an applicant for a commercial 1,215
driver's license who schedules an appointment with the highway 1,216
patrol OR OTHER AUTHORIZED EMPLOYEE OF THE DEPARTMENT OF PUBLIC 1,217
SAFETY to take all portions of the skills test, to pay an 1,218
appointment fee of fifty dollars at the time he schedules OF 1,219
SCHEDULING the appointment. If the applicant appears at the time 1,220
and location specified for the appointment and takes all portions 1,221
of the skills test during that appointment, the appointment fee 1,222
shall serve as the skills test fee. If the applicant schedules 1,223
an appointment with the highway patrol to take all portions of 1,225
the skills test and fails to appear at the time and location
specified for the appointment, no portion of the appointment fee 1,226
shall be refunded. If the applicant schedules an appointment 1,227
with the highway patrol to take all portions of the skills test 1,230
and appears at the time and location specified for the 1,231
appointment, but declines or is unable to take all portions of 1,232
the skills test, the appointment fee shall serve as the skills
30
test fee. If the applicant cancels a scheduled appointment 1,234
forty-eight hours or more prior to the time of the appointment 1,235
time, the applicant shall not forfeit his THE appointment fee. 1,237
An applicant for a commercial driver's license who 1,239
schedules an appointment with the highway patrol to take one or 1,240
more, but not all, portions of the skills test shall not be 1,242
required to pay any appointment fee when scheduling such an 1,243
appointment.
(3) All fees collected under division (E) of this section 1,245
shall be deposited in the state highway safety fund. 1,246
(F) As used in this section, "skills test" means a test of 1,248
an applicant's ability to drive the type of commercial motor 1,249
vehicle for which he THE APPLICANT seeks a commercial driver's 1,250
license by having the applicant drive such a motor vehicle while 1,252
under the supervision of an authorized state driver's license 1,253
examiner or tester. 1,254
Sec. 4506.13. (A) The registrar may authorize the highway 1,263
patrol OR ANY OTHER EMPLOYEE OF THE DEPARTMENT OF PUBLIC SAFETY 1,264
to issue an examiner's commercial examinations passed form to an 1,266
applicant who has passed the required examinations. The
examiner's commercial examinations passed form shall be used, 1,267
once it has been validated, to indicate the examinations taken 1,268
and passed by the commercial driver's license applicant. 1,269
(B) Before issuing a commercial driver's license, the 1,271
registrar of motor vehicles shall obtain information about the 1,272
applicant's driving record through the commercial driver license 1,273
information system, when available, and the national driver 1,274
register. If the record check reveals information that the 1,275
applicant claims is outdated, contested, or invalid, the 1,276
registrar shall deny the application until the applicant can 1,277
resolve the conflict. 1,278
Within ten days after issuing a commercial driver's 1,280
license, the registrar shall notify the commercial driver license 1,281
information system, when available, of that fact and shall 1,282
31
provide all information required to ensure identification of the 1,283
licensee. 1,284
Sec. 4506.16. (A) Whoever violates division (A) of 1,293
section 4506.15 of the Revised Code or a similar law of another 1,294
state or a foreign jurisdiction, immediately shall be placed 1,295
out-of-service for twenty-four hours, in addition to any 1,296
disqualification required by this section and any other penalty 1,297
imposed by the Revised Code. 1,298
(B) The registrar of motor vehicles shall disqualify any 1,300
person from operating a commercial motor vehicle as follows: 1,301
(1) Upon a first conviction for a violation of divisions 1,303
(B) to (G) of section 4506.15 of the Revised Code or a similar 1,304
law of another state or a foreign jurisdiction, one year, in 1,305
addition to any other penalty imposed by the Revised Code; 1,306
(2) Upon a first conviction for a violation of division 1,308
(H) of section 4506.15 of the Revised Code or a similar law of 1,309
another state or a foreign jurisdiction, three years, in addition 1,310
to any other penalty imposed by the Revised Code; 1,311
(3) Upon a second conviction for a violation of divisions 1,313
(B) to (G) of section 4506.15 of the Revised Code or a similar 1,314
law of another state or a foreign jurisdiction, or any 1,315
combination of such violations arising from two or more separate 1,316
incidents, the person shall be disqualified for life or for any 1,317
other period of time as determined by the United States secretary 1,318
of transportation and designated by the director of public safety 1,319
by rule, in addition to any other penalty imposed by the Revised 1,320
Code; 1,321
(4) Upon conviction of a violation of division (E) of 1,323
section 4506.15 of the Revised Code or a similar law of another 1,324
state or a foreign jurisdiction in connection with the 1,325
manufacture, distribution, or dispensing of a controlled 1,326
substance or the possession with intent to manufacture, 1,327
distribute, or dispense a controlled substance, the person shall 1,328
be disqualified for life, in addition to any other penalty 1,329
32
imposed by the Revised Code; 1,330
(5) Upon conviction of two serious traffic violations 1,332
involving the operation of a commercial motor vehicle by the 1,333
person and arising from separate incidents occurring in a 1,334
three-year period, the person shall be disqualified for sixty 1,335
days, in addition to any other penalty imposed by the Revised 1,336
Code; 1,337
(6) Upon conviction of three serious traffic violations 1,339
involving the operation of a commercial motor vehicle by the 1,340
person and arising from separate incidents occurring in a 1,341
three-year period, the person shall be disqualified for one 1,342
hundred twenty days, in addition to any other penalty imposed by 1,343
the Revised Code. 1,344
(C) For the purposes of this section, conviction of a 1,346
violation for which disqualification is required may be evidenced 1,347
by any of the following: 1,348
(1) A judgment entry of a court of competent jurisdiction 1,350
in this or any other state; 1,351
(2) An administrative order of a state agency of a THIS OR 1,353
ANY OTHER state other than Ohio having statutory jurisdiction 1,355
over commercial drivers;
(3) A computer record obtained from or through the 1,357
commercial driver's license information system; 1,358
(4) A computer record obtained from or through a state 1,360
agency of a THIS OR ANY OTHER state other than Ohio having 1,362
statutory jurisdiction over commercial drivers or the records of 1,363
commercial drivers.
(D) Any record described in division (C) of this section 1,365
shall be deemed to be self-authenticating when it is received by 1,366
the bureau of motor vehicles. 1,367
(E) When disqualifying a driver, the registrar shall cause 1,369
the records of the bureau to be updated to reflect that action 1,370
within ten days after it occurs. 1,371
(F) The registrar immediately shall notify a driver who is 1,373
33
finally convicted of any offense described in section 4506.15 of 1,374
the Revised Code or division (B)(4), (5), or (6) of this section 1,375
and thereby is subject to disqualification, of the offense or 1,376
offenses involved, of the length of time for which 1,377
disqualification is to be imposed, and that the driver may 1,378
request a hearing within thirty days of the mailing of the notice 1,379
to show cause why the driver should not be disqualified from 1,380
operating a commercial motor vehicle. If a request for such a 1,382
hearing is not made within thirty days of the mailing of the 1,383
notice, the order of disqualification is final. The registrar 1,384
may designate hearing examiners who, after affording all parties 1,385
reasonable notice, shall conduct a hearing to determine whether 1,386
the disqualification order is supported by reliable evidence. 1,387
The registrar shall adopt rules to implement this division. 1,388
(G) Any person who is disqualified from operating a 1,390
commercial motor vehicle under this section may apply to the 1,391
registrar for a driver's license to operate a motor vehicle other 1,392
than a commercial motor vehicle, provided the person's commercial 1,393
driver's license is not otherwise suspended or revoked. A person 1,394
whose commercial driver's license is suspended or revoked shall 1,395
not apply to the registrar for or receive a driver's license 1,396
under Chapter 4507. of the Revised Code during the period of 1,397
suspension or revocation. 1,398
Sec. 4507.10. (A) The registrar of motor vehicles shall 1,411
examine every applicant for a temporary instruction permit, 1,412
driver's license, or motorcycle operator's endorsement before 1,414
issuing any such permit, license, or endorsement. 1,415
(B) Except as provided in section 4507.12 of the Revised 1,417
Code, the registrar may waive the examination of any person 1,418
applying for the renewal of a driver's license or motorcycle 1,419
operator's endorsement issued under this chapter, provided that 1,420
IF the applicant PERSON presents AND SURRENDERS either an 1,422
unexpired license or endorsement or a license or endorsement 1,423
which has expired not more than six months prior to the date of 1,424
34
application. EXCEPT AS PROVIDED IN SECTION 4507.12 OF THE 1,425
REVISED CODE, THE REGISTRAR MAY WAIVE THE EXAMINATION OF ANY
PERSON APPLYING FOR A DRIVER'S LICENSE IF THE PERSON PRESENTS AND 1,426
SURRENDERS A VALID LICENSE ISSUED BY ANOTHER STATE AND THE 1,427
LICENSE IS UNEXPIRED OR EXPIRED NOT MORE THAN SIX MONTHS. 1,428
(C) The registrar may waive the examination of any person 1,430
applying for the renewal of such a license or endorsement who is 1,431
on active duty in the armed forces of the United States or in 1,433
service with the peace corps, volunteers in service to America, 1,434
or the foreign service of the United States if the applicant has 1,435
no physical or mental disabilities that would affect the 1,436
applicant's driving ability, had a valid Ohio driver's or 1,437
commercial driver's license at the time the applicant commenced 1,439
such active duty or service, and the applicant's license is not 1,440
under suspension or revocation by this state or any other 1,441
jurisdiction. The registrar also may waive the examination of 1,442
the spouse or a dependent of any such person on active duty or in
service if the applicant has no physical or mental disabilities 1,443
that would affect his THE APPLICANT'S driving ability, was an 1,445
Ohio licensee at the time the person commenced the active duty or 1,446
service, and if the person's active duty caused the spouse or
dependent to relocate outside of this state during the period of 1,447
the active duty or service. 1,448
(D) Except as provided in section 4507.12 of the Revised 1,450
Code, the registrar may waive the examination of any person 1,451
applying for such a license or endorsement who meets any of the 1,452
following sets of qualifications: 1,453
(1) Has been on active duty in the armed forces of the 1,456
United States, presents an honorable discharge certificate 1,457
showing that the applicant has no physical or mental disabilities 1,458
that would affect the applicant's driving ability, had a valid 1,460
Ohio driver's or commercial driver's license at the time the 1,462
applicant commenced his THE APPLICANT'S active duty, is not under 1,463
a license suspension or revocation by this state or any other 1,464
35
jurisdiction, and makes the application not more than six months 1,465
after the date of discharge or separation;. 1,467
(2) Was in service with the peace corps, volunteers in 1,469
service to America, or the foreign service of the United States; 1,470
presents such evidence of his THE APPLICANT'S service as the 1,471
registrar prescribes showing that the applicant has no physical 1,473
or mental disabilities that would affect THE applicant's driving 1,474
ability; had a valid Ohio driver's or commercial driver's license 1,476
at the time the applicant commenced his THE APPLICANT'S service, 1,478
is not under a license suspension or revocation by this state or 1,479
any other jurisdiction, and makes the application no more than 1,480
six months after leaving the peace corps, volunteers, or foreign 1,481
service.
(3) Is the spouse or a dependent of a person on active 1,483
duty in the armed forces of the United States, or in service with 1,484
the peace corps, volunteers in service to America, or the foreign 1,485
service of the United States; presents such evidence as the 1,486
registrar prescribes showing that the applicant has no physical 1,487
or mental disabilities that would affect his driving ability;
presents such evidence as the registrar prescribes showing that 1,488
the applicant relocated outside of Ohio as a result of the 1,489
person's active duty or service; was an Ohio licensee at the time 1,490
of the relocation; and makes the application not more than six 1,491
months after returning to Ohio.
Sec. 4507.101. (A) THE REGISTRAR OF MOTOR VEHICLES MAY 1,493
ENTER INTO A RECIPROCAL ARRANGEMENT WITH ANOTHER COUNTRY FOR 1,494
RECIPROCAL RECOGNITION OF DRIVER'S LICENSES IF BOTH OF THE 1,496
FOLLOWING CONDITIONS ARE SATISFIED:
(1) THE COUNTRY GRANTS THE SAME OR SIMILAR EXEMPTIONS 1,498
RELATING TO DRIVERS' LICENSES TO PERSONS HOLDING VALID DRIVER'S 1,499
LICENSES ISSUED BY THIS STATE; 1,500
(2) THE COUNTRY CHARGES ONLY REASONABLE FEES FOR DRIVER'S 1,502
LICENSE APPLICATIONS, AS DETERMINED BY THE REGISTRAR IN THE 1,503
REGISTRAR'S SOLE DISCRETION, AND THE FEES ARE CHARGED IMPARTIALLY 1,504
36
TO ALL APPLICANTS. 1,505
(B) THE REGISTRAR SHALL NOT ENTER INTO A RECIPROCAL 1,507
ARRANGEMENT, AND SHALL CANCEL ANY SUCH ARRANGEMENT PREVIOUSLY 1,508
ENTERED INTO, IF THE COUNTRY DOES NOT COMPLY WITH DIVISIONS 1,509
(A)(1) AND (2) OF THIS SECTION. 1,510
(C) EXCEPT AS PROVIDED IN SECTION 4507.12 OF THE REVISED 1,512
CODE, THE REGISTRAR MAY WAIVE THE EXAMINATION OF ANY PERSON 1,513
APPLYING FOR A DRIVER'S LICENSE IF THE PERSON PRESENTS A VALID, 1,514
UNEXPIRED LICENSE ISSUED BY A COUNTRY WITH WHICH THE REGISTRAR 1,515
HAS A RECIPROCAL ARRANGEMENT. 1,516
(D) THE REGISTRAR MAY PRESCRIBE THE CONDITIONS UPON WHICH 1,518
A DRIVER'S LICENSE MAY BE ISSUED OR RETAINED UNDER THIS SECTION. 1,519
THE REGISTRAR SHALL NOT PROHIBIT AN APPLICANT FROM RETAINING THE 1,520
FOREIGN LICENSE AFTER THE REGISTRAR OR DEPUTY REGISTRAR ISSUING 1,521
THE OHIO LICENSE VIEWS AND AUTHENTICATES THE FOREIGN LICENSE. 1,522
Sec. 4507.11. The registrar of motor vehicles shall 1,531
conduct all necessary examinations of applicants for temporary 1,532
instruction permits, drivers' licenses, or motorcycle operators' 1,534
endorsements. The examination shall include a test of the 1,535
applicant's knowledge of motor vehicle laws, including the laws 1,536
on stopping for school buses, a test of the applicant's physical 1,537
fitness to drive, and a test of the applicant's ability to 1,539
understand highway traffic control devices. The examination may 1,540
be conducted in such a manner that applicants who are illiterate 1,541
or limited in their knowledge of the English language may be 1,542
tested by methods that would indicate to the examining officer 1,543
that the applicant has a reasonable knowledge of motor vehicle 1,544
laws and understands highway traffic control devices. An 1,545
applicant for a driver's license shall give an actual 1,546
demonstration of the ability to exercise ordinary and reasonable 1,547
control in the operation of a motor vehicle by driving the same 1,548
under the supervision of an examining officer. An applicant for 1,549
a motorcycle operator's endorsement shall give an actual 1,550
demonstration of the ability to exercise ordinary and reasonable 1,552
37
control in the operation of a motorcycle by driving the same 1,553
under the supervision of an examining officer. Except as 1,554
provided in section 4507.12 of the Revised Code, the registrar 1,555
shall designate the highway patrol or, any law enforcement body, 1,557
OR ANY OTHER EMPLOYEE OF THE DEPARTMENT OF PUBLIC SAFETY to 1,558
supervise and conduct examinations for temporary instruction
permits, drivers' licenses, and motorcycle operators' 1,560
endorsements and shall provide the necessary rules and forms to 1,561
properly conduct the examinations. The records of the 1,562
examinations, together with the application for a temporary 1,564
instruction permit, driver's license, or motorcycle operator's 1,565
endorsement, shall be forwarded to the registrar by the deputy 1,566
registrar, and, if in the opinion of the registrar the applicant 1,567
is qualified to operate a motor vehicle, the registrar shall 1,568
issue the permit, license, or endorsement. 1,570
The registrar may authorize the highway patrol or, other 1,572
designated law enforcement body, OR OTHER DESIGNATED EMPLOYEE OF 1,573
THE DEPARTMENT OF PUBLIC SAFETY to issue an examiner's driving 1,574
permit to an applicant who has passed the required examination, 1,575
authorizing that applicant to operate a motor vehicle while the 1,576
registrar is completing an investigation relative to that 1,578
applicant's qualifications to receive a temporary instruction
permit, driver's license, or motorcycle operator's endorsement. 1,580
The examiner's driving permit shall be in the immediate 1,581
possession of the applicant while operating a motor vehicle and 1,582
shall be effective until final action and notification has been 1,583
given by the registrar, but in no event longer than sixty days 1,584
from its date of issuance.
Sec. 4511.77. No person shall operate, nor shall any 1,593
person being the owner thereof or having supervisory 1,594
responsibility therefor permit the operation of, a school bus 1,595
within this state unless it is painted national school bus chrome 1,596
number two YELLOW and is marked on both front and rear with the 1,597
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 1,598
black lettering not less than ten inches in height. 1,599
Sec. 4513.071. All EVERY motor vehicles VEHICLE, TRAILER, 1,609
SEMITRAILER, AND POLE TRAILER when operated upon a highway shall
be equipped with at least one TWO OR MORE stop light LIGHTS, 1,612
EXCEPT THAT PASSENGER CARS MANUFACTURED OR ASSEMBLED PRIOR TO 1,613
JANUARY 1, 1967, MOTORCYCLES, AND MOTOR-DRIVEN CYCLES SHALL BE
EQUIPPED WITH AT LEAST ONE STOP LIGHT. STOP LIGHTS SHALL BE 1,614
mounted on the rear of the vehicle which shall be, actuated upon 1,616
application of the service brake, and which may be incorporated 1,618
with other rear lights. Such stop lights when actuated shall
emit a red light visible from a distance of five hundred feet to 1,620
the rear, provided that in the case of a train of vehicles only 1,621
the stop lights on the rear-most vehicle need be visible from the 1,622
distance specified.
Such stop lights when actuated shall give a steady warning 1,624
light to the rear of a vehicle or train of vehicles to indicate 1,625
the intention of the operator to diminish the speed of or stop a 1,626
vehicle or train of vehicles.
When stop lights are used as required by this section, they 1,628
shall be constructed or installed so as to provide adequate and 1,629
reliable illumination and shall conform to the appropriate rules 1,630
and regulations established under section 4513.19 of the Revised 1,631
Code.
Historical motor vehicles as defined in section 4503.181 of 1,633
the Revised Code, NOT ORIGINALLY MANUFACTURED WITH STOP LIGHTS, 1,635
are not subject to this section. 1,636
Sec. 4513.20. The following requirements govern as to 1,645
brake equipment on vehicles: 1,646
(A) Every trackless trolley and motor vehicle, other than 1,648
a motorcycle, when operated upon a highway shall be equipped with 1,649
brakes adequate to control the movement of and to stop and hold 1,650
such trackless trolley or motor vehicle, including two separate 1,651
means of applying the brakes, each of which means shall be 1,652
39
effective to apply the brakes to at least two wheels. If these 1,653
two separate means of applying the brakes are connected in any 1,654
way, then on such trackless trolleys or motor vehicles 1,655
manufactured or assembled after January 1, 1942, they shall be so 1,656
constructed that failure of any one part of the operating 1,657
mechanism shall not leave the trackless trolley or motor vehicle 1,658
without brakes on at least two wheels. 1,659
(B) Every motorcycle, when operated upon a highway shall 1,661
be equipped with at least one adequate brake, which may be 1,662
operated by hand or by foot. 1,663
(C) Every motorized bicycle shall be equipped with brakes 1,665
meeting the rules adopted by the director of public safety under 1,666
section 4511.521 of the Revised Code. 1,667
(D) Every trailer or semitrailer, except a pole trailer, 1,669
of a gross weight of two thousand pounds or more, manufactured or 1,670
assembled on or after January 1, 1942, when WHEN operated upon 1,671
the highways of this state, THE FOLLOWING VEHICLES shall be 1,672
equipped with brakes adequate to control the movement of and to 1,674
stop and to hold such THE vehicle and so, designed as to be 1,675
applied by the driver of the towing motor vehicle from its cab, 1,676
and said brakes shall be so ALSO designed and connected SO that, 1,678
in case of a breakaway of the towed vehicle, the brakes shall be 1,679
automatically applied:
(1) EVERY TRAILER OR SEMITRAILER, EXCEPT A POLE TRAILER, 1,681
WITH AN EMPTY WEIGHT OF TWO THOUSAND POUNDS OR MORE, MANUFACTURED 1,682
OR ASSEMBLED ON OR AFTER JANUARY 1, 1942; 1,683
(2) EVERY MANUFACTURED HOME OR TRAVEL TRAILER WITH AN 1,685
EMPTY WEIGHT OF TWO THOUSAND POUNDS OR MORE, MANUFACTURED OR 1,686
ASSEMBLED ON OR AFTER JANUARY 1, 2001. 1,687
(E) In any combination of motor-drawn trailers or 1,689
semitrailers equipped with brakes, means shall be provided for 1,690
applying the rearmost brakes in approximate synchronism with the 1,691
brakes on the towing vehicle, and developing the required braking 1,692
effort on the rearmost wheels at the fastest rate; or means shall 1,693
40
be provided for applying braking effort first on the rearmost 1,694
brakes; or both of the above means, capable of being used 1,695
alternatively, may be employed. 1,696
(F) Every vehicle and combination of vehicles, except 1,698
motorcycles and motorized bicycles, and except trailers and 1,699
semitrailers of a gross weight of less than two thousand pounds, 1,700
and pole trailers, shall be equipped with parking brakes adequate 1,701
to hold the vehicle on any grade on which it is operated, under 1,702
all conditions of loading, on a surface free from snow, ice, or 1,703
loose material. The parking brakes shall be capable of being 1,704
applied in conformance with the foregoing requirements by the 1,705
driver's muscular effort or by spring action or by equivalent 1,706
means. Their operation may be assisted by the service brakes or 1,707
other source of power provided that failure of the service brake 1,708
actuation system or other power assisting mechanism will not 1,709
prevent the parking brakes from being applied in conformance with 1,710
the foregoing requirements. The parking brakes shall be so 1,711
designed that when once applied they shall remain applied with 1,712
the required effectiveness despite exhaustion of any source of 1,713
energy or leakage of any kind. 1,714
(G) The same brake drums, brake shoes and lining 1,716
assemblies, brake shoe anchors, and mechanical brake shoe 1,717
actuation mechanism normally associated with the wheel brake 1,718
assemblies may be used for both the service brakes and the 1,719
parking brakes. If the means of applying the parking brakes and 1,720
the service brakes are connected in any way, they shall be so 1,721
constructed that failure of any one part shall not leave the 1,722
vehicle without operative brakes. 1,723
(H) Every trackless trolley, motor vehicle, or combination 1,725
of motor-drawn vehicles shall be capable at all times and under 1,726
all conditions of loading of being stopped on a dry, smooth, 1,727
level road free from loose material, upon application of the 1,728
service or foot brake, within the following specified distances, 1,729
or shall be capable of being decelerated at a sustained rate 1,730
41
corresponding to these distances: 1,731
(1) Trackless trolleys, vehicles, or combinations of 1,733
vehicles having brakes on all wheels shall come to a stop in 1,734
thirty feet or less from a speed of twenty miles per hour. 1,735
(2) Vehicles or combinations of vehicles not having brakes 1,737
on all wheels shall come to a stop in forty feet or less from a 1,738
speed of twenty miles per hour. 1,739
(I) All brakes shall be maintained in good working order 1,741
and shall be so adjusted as to operate as equally as practicable 1,742
with respect to the wheels on opposite sides of the trackless 1,743
trolley or vehicle. 1,744
Sec. 4513.261. (A)(1) No person shall sell OPERATE any 1,754
motor vehicle nor shall any motor vehicle be registered which has 1,755
been manufactured or assembled on or after January 1, 1954, 1,756
unless such THE vehicle is equipped with electrical or mechanical 1,757
directional signals. 1,758
(2) NO PERSON SHALL OPERATE ANY MOTORCYCLE OR MOTOR-DRIVEN 1,760
CYCLE MANUFACTURED OR ASSEMBLED ON OR AFTER JANUARY 1, 1968, 1,761
UNLESS THE VEHICLE IS EQUIPPED WITH ELECTRICAL OR MECHANICAL 1,762
DIRECTIONAL SIGNALS.
(B) "Directional signals" means an electrical or 1,764
mechanical signal device capable of clearly indicating an 1,766
intention to turn either to the right or to the left and which 1,767
shall be visible from both the front and rear.
(C) All mechanical signal devices shall be 1,769
self-illuminating devices when in use at the times mentioned in 1,771
section 4513.03 of the Revised Code.
This section shall not apply to motorcycles or motor-driven 1,773
cycles.
Sec. 4513.50. AS USED IN SECTIONS 4513.50 TO 4513.53 OF 1,775
THE REVISED CODE: 1,777
(A)(1) "BUS" MEANS ANY VEHICLE USED FOR THE TRANSPORTATION 1,779
OF PASSENGERS THAT MEETS AT LEAST ONE OF THE FOLLOWING: 1,780
(a) WAS ORIGINALLY DESIGNED BY THE MANUFACTURER TO 1,782
42
TRANSPORT MORE THAN FIFTEEN PASSENGERS, INCLUDING THE DRIVER; 1,783
(b) EITHER THE GROSS VEHICLE WEIGHT RATING OR THE GROSS 1,785
VEHICLE WEIGHT EXCEEDS TEN THOUSAND POUNDS. 1,787
(2) "BUS" DOES NOT INCLUDE A CHURCH BUS AS DEFINED IN 1,789
SECTION 4503.07 OF THE REVISED CODE OR A SCHOOL BUS UNLESS THE 1,790
CHURCH BUS OR SCHOOL BUS IS USED IN THE TRANSPORTATION OF 1,791
PASSENGERS FOR HIRE BY A MOTOR TRANSPORTATION COMPANY OR A COMMON
CARRIER BY MOTOR VEHICLE OR BY A PRIVATE MOTOR CARRIER OR 1,792
CONTRACT CARRIER BY MOTOR VEHICLE.
(3) "BUS" ALSO DOES NOT INCLUDE ANY OF THE FOLLOWING: 1,794
(a) ANY VEHICLE OPERATED EXCLUSIVELY ON A RAIL OR RAILS; 1,796
(b) A TROLLEY BUS OPERATED BY ELECTRIC POWER DERIVED FROM 1,798
A FIXED OVERHEAD WIRE FURNISHING LOCAL PASSENGER TRANSPORTATION 1,799
SIMILAR TO STREET-RAILWAY SERVICE; 1,800
(c) VEHICLES OWNED OR LEASED BY GOVERNMENT AGENCIES OR 1,802
POLITICAL SUBDIVISIONS. 1,803
(B)(1) "MOTOR TRANSPORTATION COMPANY" AND "COMMON CARRIER 1,805
BY MOTOR VEHICLE" HAVE THE SAME MEANINGS AS IN SECTION 4921.02 OF 1,806
THE REVISED CODE. 1,807
(2) "PRIVATE MOTOR CARRIER" AND "CONTRACT CARRIER BY MOTOR 1,809
VEHICLE" HAVE THE SAME MEANINGS AS IN SECTION 4923.02 OF THE 1,811
REVISED CODE. 1,812
Sec. 4513.51. (A) EXCEPT AS PROVIDED IN DIVISION (B) OF 1,814
THIS SECTION, ON AND AFTER JULY 1, 2001, NO PERSON SHALL OPERATE 1,815
A BUS, NOR SHALL ANY PERSON BEING THE OWNER OF A BUS OR HAVING 1,816
SUPERVISORY RESPONSIBILITY FOR A BUS PERMIT THE OPERATION OF ANY 1,817
BUS, UNLESS THE BUS DISPLAYS A VALID, CURRENT SAFETY INSPECTION
DECAL ISSUED BY THE STATE HIGHWAY PATROL UNDER SECTION 4513.52 OF 1,818
THE REVISED CODE. 1,819
(B) FOR THE PURPOSE OF COMPLYING WITH THE REQUIREMENTS OF 1,821
THIS SECTION AND SECTION 4513.52 OF THE REVISED CODE, THE OWNER 1,822
OR OTHER OPERATOR OF A BUS MAY DRIVE THE BUS DIRECTLY TO AN 1,823
INSPECTION SITE CONDUCTED BY THE STATE HIGHWAY PATROL AND
DIRECTLY BACK TO THE PERSON'S PLACE OF BUSINESS WITHOUT A VALID 1,824
43
REGISTRATION AND WITHOUT DISPLAYING A SAFETY INSPECTION DECAL, 1,825
PROVIDED THAT NO PASSENGERS MAY OCCUPY THE BUS DURING SUCH 1,826
OPERATION.
(C) THE REGISTRAR OF MOTOR VEHICLES SHALL NOT ACCEPT AN 1,828
APPLICATION FOR REGISTRATION OF A BUS UNLESS THE BUS OWNER 1,829
PRESENTS A VALID SAFETY INSPECTION REPORT FOR THE APPLICABLE
REGISTRATION YEAR. 1,830
Sec. 4513.52. (A) THE DEPARTMENT OF PUBLIC SAFETY, WITH 1,832
THE ADVICE OF THE PUBLIC UTILITIES COMMISSION, SHALL ADOPT AND 1,833
ENFORCE RULES RELATING TO THE INSPECTION OF BUSES TO DETERMINE 1,834
WHETHER A BUS IS SAFE AND LAWFUL, INCLUDING WHETHER ITS EQUIPMENT
IS IN PROPER ADJUSTMENT OR REPAIR. 1,835
(B) THE RULES SHALL DETERMINE THE SAFETY FEATURES, ITEMS 1,837
OF EQUIPMENT, AND OTHER SAFETY-RELATED CONDITIONS SUBJECT TO 1,838
INSPECTION. THE RULES MAY AUTHORIZE THE STATE HIGHWAY PATROL TO 1,839
OPERATE SAFETY INSPECTION SITES, OR TO ENTER IN OR UPON THE 1,840
PROPERTY OF ANY BUS OPERATOR TO CONDUCT THE SAFETY INSPECTIONS, 1,841
OR BOTH. THE RULES ALSO SHALL ESTABLISH A FEE, NOT TO EXCEED ONE 1,842
HUNDRED DOLLARS, FOR EACH BUS INSPECTED.
(C) THE STATE HIGHWAY PATROL SHALL CONDUCT THE BUS SAFETY 1,844
INSPECTIONS AT LEAST ON AN ANNUAL BASIS. AN INSPECTION CONDUCTED 1,845
UNDER THIS SECTION IS VALID FOR TWELVE MONTHS UNLESS, PRIOR TO 1,846
THAT TIME, THE BUS FAILS A SUBSEQUENT INSPECTION OR OWNERSHIP OF
THE BUS IS TRANSFERRED. 1,847
(D) THE STATE HIGHWAY PATROL SHALL COLLECT A FEE FOR EACH 1,849
BUS INSPECTED. 1,850
(E) UPON DETERMINING THAT A BUS IS IN SAFE OPERATING 1,852
CONDITION, THAT ITS EQUIPMENT IS IN PROPER ADJUSTMENT AND REPAIR, 1,853
AND THAT IT IS OTHERWISE LAWFUL, THE INSPECTING OFFICER SHALL DO 1,854
BOTH OF THE FOLLOWING:
(1) AFFIX AN OFFICIAL SAFETY INSPECTION DECAL TO THE 1,856
OUTSIDE SURFACE OF EACH SIDE OF THE BUS; 1,857
(2) ISSUE THE OWNER OR OPERATOR OF THE BUS A SAFETY 1,859
INSPECTION REPORT, TO BE PRESENTED TO THE REGISTRAR OR A DEPUTY 1,860
44
REGISTRAR UPON APPLICATION FOR REGISTRATION OF THE BUS. 1,861
Sec. 4513.53. (A) THE SUPERINTENDENT OF THE STATE 1,863
HIGHWAY PATROL, WITH APPROVAL OF THE DIRECTOR OF PUBLIC SAFETY, 1,864
MAY APPOINT AND MAINTAIN NECESSARY STAFF TO CARRY OUT THE 1,865
INSPECTION OF BUSES.
(B) THE SUPERINTENDENT OF THE STATE HIGHWAY PATROL SHALL 1,867
ADOPT A DISTINCTIVE ANNUAL SAFETY INSPECTION DECAL BEARING THE 1,868
DATE OF INSPECTION. THE STATE HIGHWAY PATROL MAY REMOVE ANY 1,870
DECAL FROM A BUS THAT FAILS ANY INSPECTION.
(C) FEES COLLECTED BY THE STATE HIGHWAY PATROL SHALL BE 1,872
PAID INTO THE STATE TREASURY TO THE CREDIT OF THE GENERAL REVENUE 1,873
FUND.
Sec. 4513.60. (A)(1) The sheriff of a county or chief of 1,882
police of a municipal corporation, township, or township police 1,883
district, within his THE SHERIFF'S OR CHIEF'S respective 1,884
territorial jurisdiction, upon complaint of any person adversely 1,886
affected, may order into storage any motor vehicle, other than an 1,887
abandoned junk motor vehicle as defined in section 4513.63 of the 1,888
Revised Code, that has been left on private residential or 1,889
private agricultural property for at least four hours without the 1,890
permission of the person having the right to the possession of 1,891
the property. The sheriff or chief of police, upon complaint of 1,892
the owner of a repair garage or place of storage, may order into 1,893
storage any motor vehicle, other than an abandoned junk motor 1,894
vehicle, that has been left at the garage or place of storage for 1,895
a longer period than that agreed upon. The place of storage 1,896
shall be designated by the sheriff or chief of police. When 1,897
ordering a motor vehicle into storage pursuant to this division, 1,898
a sheriff or chief of police shall, whenever possible, SHALL 1,899
arrange for the removal of such THE motor vehicle by a private 1,901
tow truck operator or towing company. Subject to division (C) of 1,903
this section, the owner of a motor vehicle that has been removed 1,904
pursuant to this division may recover the vehicle only in 1,905
accordance with division (E) of this section. 1,906
45
(2) Divisions (A)(1) to (3) of this section do not apply 1,908
to any private residential or private agricultural property that 1,909
is established as a private tow-away zone in accordance with 1,910
division (B) of this section. 1,911
(3) As used in divisions (A)(1) and (2) of this section, 1,913
"private residential property" means private property on which is 1,914
located one or more structures that are used as a home, 1,915
residence, or sleeping place by one or more persons, if no more 1,916
than three separate households are maintained in the structure or 1,917
structures. "Private residential property" does not include any 1,918
private property on which is located one or more structures that 1,919
are used as a home, residence, or sleeping place by two or more 1,920
persons, if more than three separate households are maintained in 1,921
the structure or structures. 1,922
(B)(1) The owner of private property may establish a 1,924
private tow-away zone only if all of the following conditions are 1,925
satisfied: 1,926
(a) The owner posts on his THE OWNER'S property a sign, 1,928
that is at least eighteen inches by twenty-four inches in size, 1,930
that is visible from all entrances to the property, and that 1,931
contains at least all of the following information: 1,932
(i) A notice that the property is a private tow-away zone 1,934
and that vehicles not authorized to park on the property will be 1,935
towed away; 1,936
(ii) The telephone number of the person from whom a 1,938
towed-away vehicle can be recovered, and the address of the place 1,939
to which the vehicle will be taken and the place from which it 1,940
may be recovered; 1,941
(iii) A statement that the vehicle may be recovered at any 1,943
time during the day or night upon the submission of proof of 1,944
ownership and the payment of a towing charge, in an amount not to 1,945
exceed seventy NINETY dollars, and a storage charge, in an amount 1,947
not to exceed eight TWELVE dollars per twenty-four-hour period; 1,948
except that the charge for towing shall not exceed one hundred 1,950
46
FIFTY dollars, and the storage charge shall not exceed twelve 1,951
TWENTY dollars per twenty-four-hour period, if the vehicle has a 1,952
laden MANUFACTURER'S gross vehicle weight RATING in excess of 1,954
fifteen TEN thousand pounds and is a truck, bus, or a combination 1,956
of a commercial tractor and trailer or semitrailer. 1,957
(b) The place to which the towed vehicle is taken and from 1,959
which it may be recovered is conveniently located, is well 1,960
lighted, and is on or within a reasonable distance of a regularly 1,961
scheduled route of one or more modes of public transportation, if 1,962
any public transportation is available in the municipal 1,963
corporation or township in which the private tow-away zone is 1,964
located. 1,965
(2) If a vehicle is parked on private property that is 1,967
established as a private tow-away zone in accordance with 1,968
division (B)(1) of this section, without the consent of the owner 1,969
of the property or in violation of any posted parking condition 1,970
or regulation, the owner or his THE OWNER'S agent may remove, or 1,971
cause the removal of, the vehicle, the owner and the operator of 1,973
the vehicle shall be deemed to have consented to the removal and 1,974
storage of the vehicle and to the payment of the towing and 1,975
storage charges specified in division (B)(1)(a)(iii) of this 1,976
section, and the owner, subject to division (C) of this section, 1,977
may recover a vehicle that has been so removed only in accordance 1,978
with division (E) of this section. 1,979
(3) If a municipal corporation requires tow trucks and tow 1,981
truck operators to be licensed, no owner of private property 1,982
located within the municipal corporation shall remove, or shall 1,983
cause the removal and storage of, any vehicle pursuant to 1,984
division (B)(2) of this section by an unlicensed tow truck or 1,985
unlicensed tow truck operator. 1,986
(4) Divisions (B)(1) to (3) of this section do not affect 1,988
or limit the operation of division (A) of this section or 1,989
sections 4513.61 to 4513.65 of the Revised Code as they relate to 1,990
property other than private property that is established as a 1,991
47
private tow-away zone under division (B)(1) of this section. 1,992
(C) If the owner or operator of a motor vehicle that has 1,994
been ordered into storage pursuant to division (A)(1) of this 1,995
section or of a vehicle that is being removed under authority of 1,996
division (B)(2) of this section arrives after the motor vehicle 1,997
or vehicle has been prepared for removal, but prior to its actual 1,998
removal from the property, the owner or operator shall be given 1,999
the opportunity to pay a fee of not more than one-half of the 2,000
charge for the removal of motor vehicles under division (A)(1) of 2,001
this section or of vehicles under division (B)(2) of this 2,002
section, whichever is applicable, that normally is assessed by 2,003
the person who has prepared the motor vehicle or vehicle for 2,004
removal, in order to obtain release of the motor vehicle or 2,005
vehicle. Upon payment of that fee, the motor vehicle or vehicle 2,006
shall be released to the owner or operator, and upon its release, 2,007
the owner or operator immediately shall move it so that: 2,008
(1) If the motor vehicle was ordered into storage pursuant 2,010
to division (A)(1) of this section, it is not on the private 2,011
residential or private agricultural property without the 2,012
permission of the person having the right to possession of the 2,013
property, or is not at the garage or place of storage without the 2,014
permission of the owner, whichever is applicable. 2,015
(2) If the vehicle was being removed under authority of 2,017
division (B)(2) of this section, it is not parked on the private 2,018
property established as a private tow-away zone without the 2,019
consent of the owner or in violation of any posted parking 2,020
condition or regulation. 2,021
(D)(1) If an owner of private property that is established 2,023
as a private tow-away zone in accordance with division (B)(1) of 2,024
this section or the authorized agent of such an owner removes or 2,025
causes the removal of a vehicle from that property under 2,026
authority of division (B)(2) of this section, the owner or agent 2,027
promptly shall notify the police department of the municipal 2,028
corporation, township, or township police district in which the 2,029
48
property is located, of the removal, the vehicle's license 2,030
number, make, model, and color, the location from which it was 2,031
removed, the date and time of its removal, the telephone number 2,032
of the person from whom it may be recovered, and the address of 2,033
the place to which it has been taken and from which it may be 2,034
recovered. 2,035
(2) Each county sheriff and each chief of police of a 2,037
municipal corporation, township, or township police district 2,038
shall maintain a record of motor vehicles that he THE SHERIFF OR 2,039
CHIEF orders into storage pursuant to division (A)(1) of this 2,040
section and of vehicles removed from private property in his THE 2,041
SHERIFF'S OR CHIEF'S jurisdiction that is established as a 2,043
private tow-away zone of which he THE SHERIFF OR CHIEF has 2,044
received notice under division (D)(1) of this section. The
record shall include an entry for each such motor vehicle or 2,045
vehicle that identifies the motor vehicle's or vehicle's license 2,046
number, make, model, and color, the location from which it was 2,047
removed, the date and time of its removal, the telephone number 2,048
of the person from whom it may be recovered, and the address of 2,049
the place to which it has been taken and from which it may be 2,050
recovered. Any information in the record that pertains to a 2,051
particular motor vehicle or vehicle shall be provided to any 2,052
person who, either in person or pursuant to a telephone call, 2,053
identifies himself SELF as the owner or operator of the motor 2,054
vehicle or vehicle and requests information pertaining to its 2,055
location.
(3) Any person who registers a complaint that is the basis 2,057
of a sheriff's or police chief's order for the removal and 2,058
storage of a motor vehicle under division (A)(1) of this section 2,059
shall provide the identity of the law enforcement agency with 2,060
which the complaint was registered to any person who identifies 2,061
himself SELF as the owner or operator of the motor vehicle and 2,062
requests information pertaining to its location. 2,063
(E) The owner of a motor vehicle that is ordered into 2,065
49
storage pursuant to division (A)(1) of this section or of a 2,066
vehicle that is removed under authority of division (B)(2) of 2,067
this section may reclaim it upon payment of any expenses or 2,068
charges incurred in its removal, in an amount not to exceed 2,069
seventy NINETY dollars, and storage, in an amount not to exceed 2,070
eight TWELVE dollars per twenty-four-hour period; except that the 2,072
charge for towing shall not exceed one hundred FIFTY dollars, and 2,073
the storage charge shall not exceed twelve TWENTY dollars per 2,074
twenty-four-hour period, if the vehicle has a laden 2,076
MANUFACTURER'S gross vehicle weight RATING in excess of fifteen 2,078
TEN thousand pounds and is a truck, bus, or a combination of a 2,080
commercial tractor and trailer or semitrailer. Presentation of 2,081
proof of ownership, which may be evidenced by a certificate of
title to the motor vehicle or vehicle shall also SHALL be 2,082
required for reclamation of the vehicle. If a motor vehicle that 2,084
is ordered into storage pursuant to division (A)(1) of this 2,085
section remains unclaimed by the owner for thirty days, the 2,086
procedures established by sections 4513.61 and 4513.62 of the 2,087
Revised Code shall apply. 2,088
(F) No person shall remove, or cause the removal of, any 2,090
vehicle from private property that is established as a private 2,091
tow-away zone under division (B)(1) of this section other than in 2,092
accordance with division (B)(2) of this section, and no person 2,093
shall remove, or cause the removal of, any motor vehicle from any 2,094
other private property other than in accordance with division 2,095
(A)(1) of this section or sections 4513.61 to 4513.65 of the 2,096
Revised Code. 2,097
Sec. 4513.99. (A) Whoever violates division (C), (D), 2,106
(E), or (F) of section 4513.241, section 4513.261, 4513.262, or 2,107
4513.36, or division (B)(3) of section 4513.60 of the Revised 2,108
Code is guilty of a minor misdemeanor. 2,109
(B) Whoever violates section 4513.02 or 4513.021, or 2,111
division (B)(4) of section 4513.263, or division (F) of section 2,112
4513.60 of the Revised Code is guilty of a minor misdemeanor on a 2,113
50
first offense; on a second or subsequent offense such person is 2,114
guilty of a misdemeanor of the third degree. 2,115
(C) Whoever violates sections 4513.03 to 4513.262 or 2,117
4513.27 to 4513.37 of the Revised Code, for which violation no 2,118
penalty is otherwise provided, is guilty of a minor misdemeanor 2,119
on a first offense; on a second offense within one year after the 2,120
first offense, such person is guilty of a misdemeanor of the 2,121
fourth degree; on each subsequent offense within one year after 2,122
the first offense, such person is guilty of a misdemeanor of the 2,123
third degree. 2,124
(D) Whoever violates section 4513.64 of the Revised Code 2,126
is guilty of a minor misdemeanor, and shall also be assessed any 2,127
costs incurred by the county, township, or municipal corporation 2,128
in disposing of such abandoned junk motor vehicle, less any money 2,129
accruing to the county, to the township, or to the municipal 2,130
corporation from such disposal. 2,131
(E) Whoever violates section 4513.65 of the Revised Code 2,133
is guilty of a minor misdemeanor on a first offense; on a second 2,134
offense, such person is guilty of a misdemeanor of the fourth 2,135
degree; on each subsequent offense, such person is guilty of a 2,136
misdemeanor of the third degree. 2,137
(F) Whoever violates division (B)(1) of section 4513.263 2,139
of the Revised Code shall be fined twenty-five dollars. 2,140
(G) Whoever violates division (B)(3) of section 4513.263 2,142
of the Revised Code shall be fined fifteen dollars. 2,143
(H) Whoever violates section 4513.361 OR DIVISION (A) OF 2,145
SECTION 4513.51 of the Revised Code is guilty of a misdemeanor of 2,147
the first degree.
Sec. 4905.06. The public utilities commission has general 2,156
supervision over all public utilities within its jurisdiction as 2,157
defined in section 4905.05 of the Revised Code, and may examine 2,158
such public utilities and keep informed as to their general 2,159
condition, capitalization, and franchises, and as to the manner 2,160
in which their properties are leased, operated, managed, and 2,161
51
conducted with respect to the adequacy or accommodation afforded 2,162
by their service, the safety and security of the public and their 2,163
employees, and their compliance with all laws, orders of the 2,164
commission, franchises, and charter requirements. The commission 2,165
has general supervision over all other companies referred to in 2,166
section 4905.05 of the Revised Code to the extent of its 2,167
jurisdiction as defined in that section, and may examine such 2,168
companies and keep informed as to their general condition and 2,169
capitalization, and as to the manner in which their properties 2,170
are leased, operated, managed, and conducted with respect to the 2,171
adequacy or accommodation afforded by their service, and their 2,172
compliance with all laws and orders of the commission, insofar as 2,173
any of such matters may relate to the costs associated with the 2,174
provision of electric utility service by public utilities in this 2,175
state which are affiliated or associated with such companies. 2,176
The commission, through the public utilities commissioners or 2,177
inspectors or employees of the commission authorized by it, may 2,178
enter in or upon, for purposes of inspection, any property, 2,179
equipment, building, plant, factory, office, apparatus, 2,180
machinery, device, and lines of any public utility. The power to 2,181
inspect includes the power to prescribe any rule or order that 2,182
the commission finds necessary for protection of the public 2,183
safety. In order to assist the commission in the performance of 2,184
its duties under this chapter, authorized employees of the 2,185
commercial motor vehicle safety enforcement unit, division of 2,186
state highway patrol, of the department of public safety may 2,188
enter in or upon, for inspection purposes, any motor vehicle of 2,189
any motor transportation company or private motor carrier as 2,190
defined in section 4923.02 of the Revised Code. 2,191
IN ORDER TO INSPECT MOTOR VEHICLES OWNED OR OPERATED BY A 2,193
MOTOR TRANSPORTATION COMPANY ENGAGED IN THE TRANSPORTATION OF 2,194
PERSONS, AUTHORIZED EMPLOYEES OF THE COMMERCIAL MOTOR VEHICLE 2,195
SAFETY ENFORCEMENT UNIT, DIVISION OF STATE HIGHWAY PATROL, OF THE 2,196
DEPARTMENT OF PUBLIC SAFETY MAY ENTER IN OR UPON ANY PROPERTY OF 2,197
52
ANY MOTOR TRANSPORTATION COMPANY, AS DEFINED IN SECTION 4913.02 2,198
OF THE REVISED CODE, ENGAGED IN THE INTRASTATE TRANSPORTATION OF 2,199
PERSONS.
Sec. 4919.79. (A) The public utilities commission may 2,208
adopt safety rules applicable to the highway transportation and 2,209
offering for transportation of hazardous materials in interstate 2,210
commerce, which highway transportation takes place into or 2,211
through this state. 2,212
(B) The commission may adopt safety rules applicable to 2,214
the highway transportation of persons or property in interstate 2,215
commerce, which transportation takes place into or through this 2,216
state. 2,217
(C) Rules adopted under divisions (A) and (B) of this 2,219
section shall be consistent with, and equivalent in scope, 2,220
coverage, and content to, the "Hazardous Materials Transportation 2,221
Act," 88 Stat. 2156 (1975), 49 U.S.C.A. 1801, as amended, and 2,222
regulations adopted under it, and the "Motor Carrier Safety Act 2,223
of 1984," 98 Stat. 2832, 49 U.S.C.A. 2501, and regulations 2,224
adopted under it, respectively. No person shall violate a rule 2,225
adopted under division (A) or (B) of this section or any order of 2,226
the commission issued to secure compliance with any such rule. 2,227
(D) The commission shall cooperate with, and permit the 2,229
use of, the services, records, and facilities of the commission 2,230
as fully as practicable by appropriate officers of the interstate 2,231
commerce commission, the United States department of 2,232
transportation, and other federal agencies or commissions and 2,233
appropriate commissions of other states in the enforcement and 2,234
administration of state and federal laws relating to highway 2,235
transportation by motor vehicles. The commission may enter into 2,236
cooperative agreements with the interstate commerce commission, 2,237
the United States department of transportation, and any other 2,238
federal agency or commission to enforce the economic and safety 2,239
laws and rules of this state and of the United States concerning 2,240
highway transportation by motor vehicles. 2,241
53
(E) To achieve the purposes of this section, the 2,243
commission may, through its inspectors or other authorized 2,244
employees, inspect any vehicles of carriers of persons or 2,245
property in interstate commerce subject to the safety rules 2,246
prescribed by this section and may enter upon the premises and
vehicles of such carriers to examine any of the carriers' records 2,247
or documents that relate to the safety of operation of such 2,248
carriers. In order to assist the commission in the performance 2,249
of its duties under this section, authorized employees of the 2,250
commercial motor vehicle safety enforcement unit, division of
state highway patrol, of the department of public safety may 2,251
enter in or upon, for purposes of inspection, any vehicle of any 2,253
such carrier.
IN ORDER TO INSPECT MOTOR VEHICLES OWNED OR OPERATED BY 2,255
PRIVATE MOTOR CARRIERS OF PERSONS, AUTHORIZED EMPLOYEES OF THE 2,256
COMMERCIAL MOTOR VEHICLE SAFETY ENFORCEMENT UNIT, DIVISION OF 2,257
STATE HIGHWAY PATROL, OF THE DEPARTMENT OF PUBLIC SAFETY MAY 2,258
ENTER IN OR UPON THE PREMISES OF ANY PRIVATE CARRIER OF PERSONS 2,259
IN INTERSTATE COMMERCE, SUBJECT TO THE SAFETY RULES PRESCRIBED BY
THIS SECTION. 2,260
Sec. 4921.02. As used in sections 4921.01 to 4921.32 of 2,269
the Revised Code: 2,270
(A) "Motor transportation company," or "common carrier by 2,272
motor vehicle," includes every corporation, company, association, 2,273
joint-stock association, person, firm, or copartnership, and 2,274
their lessees, legal or personal representatives, trustees, and 2,275
receivers or trustees appointed by any court, when engaged or 2,276
proposing to engage in the business of transporting persons or 2,277
property, or the business of providing or furnishing such 2,278
transportation service, for hire, whether directly or by lease or 2,279
other arrangement, for the public in general, in or by 2,280
motor-propelled vehicles of any kind, including trailers, over 2,281
any public highway in this state. All laws regulating the 2,282
business of motor transportation, their context notwithstanding, 2,283
54
apply to such motor transportation company or common carrier by 2,284
motor vehicle. "Motor transportation company," as so used, does 2,285
not include any person, firm, copartnership, voluntary 2,286
association, joint-stock association, company, or corporation, 2,287
wherever organized or incorporated: 2,288
(1) Engaged or proposing to engage as a private motor 2,290
carrier as defined by section 4923.02 of the Revised Code; 2,291
(2) Insofar as they own, control, operate, or manage motor 2,293
vehicles used for the transportation of persons or property, 2,294
operated exclusively within the territorial limits of a municipal 2,295
corporation, or within such limits and the territorial limits of 2,296
municipal corporations immediately contiguous to such municipal 2,297
corporation; 2,298
(3) Insofar as they are engaged in the transportation of 2,300
persons in taxicabs in the usual taxicab service or in hotel 2,301
busses operating to and from hotel; 2,302
(4) Engaged in the transportation of pupils in school 2,304
busses operating to or from school sessions or school events; 2,305
(5) Engaged in the transportation of farm supplies to the 2,307
farm or farm products from farm to market or to food fabricating 2,308
plants; 2,309
(6) Engaged in the distribution of newspapers; 2,311
(7) Engaged in the transportation of crude petroleum 2,313
incidental to gathering from wells and delivery to destination by 2,314
pipe line; 2,315
(8) Engaged in the towing of disabled or wrecked motor 2,317
vehicles; 2,318
(9) Engaged in the transportation of injured, ill, or 2,320
deceased persons by hearse or ambulance; 2,321
(10) Engaged in the transportation of compost (a 2,323
combination of manure and sand or shredded bark mulch) or 2,324
shredded bark mulch; 2,325
(11) Engaged in the transportation of persons in a 2,327
ridesharing arrangement when any fee charged each person so 2,328
55
transported is in such amount as to recover only the person's 2,329
share of the costs of operating the motor vehicle for such 2,330
purpose. 2,331
(B) "Trailer" means any vehicle without motive power 2,333
designed or used for carrying property or persons and for being 2,334
drawn by a separate motor-propelled vehicle, including any 2,335
vehicle of the trailer type, whether designed or used for 2,336
carrying property or persons wholly on its own structure, or so 2,337
designed or used that a part of its own weight or the weight of 2,338
its load rests upon and is carried by such motor-propelled 2,339
vehicle. 2,340
(C) "Public highway" means any public street, road, or 2,342
highway in this state, whether within or without the corporate 2,343
limits of a municipal corporation. 2,344
(D) "Fixed termini" refers to the points between which any 2,346
motor transportation company usually or ordinarily operates, 2,347
provides, or proposes to operate or provide motor transportation 2,348
service. 2,349
(E) "Regular route" refers to that portion of the public 2,351
highway over which any motor transportation company usually or 2,352
ordinarily operates, provides, or proposes to operate or provide 2,353
motor transportation service. 2,354
(F) "Irregular route" refers to that portion of the public 2,356
highway over which is conducted or provided any other operation 2,357
of any motor vehicle by a motor transportation company 2,358
transporting property. 2,359
(G) "Ridesharing arrangement" means the transportation of 2,361
persons in a motor vehicle where such transportation is 2,362
incidental to another purpose of a volunteer driver, and includes 2,363
ridesharing arrangements known as carpools, vanpools, and 2,364
buspools. 2,365
Whether or not any motor-propelled vehicle is operated or 2,367
such transportation service is provided or furnished by such 2,368
motor transportation company, between fixed termini or over a 2,369
56
regular route, or over an irregular route, or whether or not a 2,370
corporation, company, association, joint-stock association, 2,371
person, firm, or copartnership, or their lessees, trustees, or 2,372
receivers or trustees appointed by any court, is engaged as a 2,373
motor transportation company, are questions of fact. The finding 2,374
of the public utilities commission on such questions is a final 2,375
order which may be reviewed as provided in section 4921.17 of the 2,376
Revised Code. The commission has jurisdiction to receive, hear, 2,377
and determine such questions upon complaint of any party, or upon 2,378
its own motion, upon not less than fifteen days' notice of the 2,379
time and place of such hearing and of the matter to be heard. 2,380
Sec. 4921.101. (A) Notwithstanding any other provision 2,389
contained in Title XLIX of the Revised Code with respect to the 2,390
issuance of a certificate of public convenience and necessity, 2,391
the public utilities commission shall, after notice and hearing, 2,392
grant a certificate of regular route bus service PUBLIC 2,393
CONVENIENCE AND NECESSITY to any person who applies for authority 2,395
to provide regular route bus service, PURSUANT TO RULES ADOPTED 2,396
BY THE COMMISSION, FILES A REGISTRATION APPLICATION TO TRANSPORT 2,397
PASSENGERS, FOR HIRE, WITHIN THIS STATE if such person is 2,398
financially responsible, meets the applicable insurance, SERVICE, 2,399
and safety requirements promulgated in the rules of the public 2,401
utilities commission, and is able to serve the routes requested 2,402
in the application. The public utilities commission shall issue 2,403
a final order permitting or denying the application for such 2,404
certificate within ninety days after the application is filed 2,405
with the commission.
For purposes of this section, regular route bus service is 2,407
the transportation of persons and their baggage over regular 2,408
routes, between fixed termini, pursuant to published schedules 2,409
and rates, and, as an incident to that service, the 2,410
transportation of additional package express or United States 2,411
mail, but does not include the right to offer charter party trip 2,412
service, as defined in section 4923.02 of the Revised Code, and 2,413
57
does not include the right to transport persons and their baggage 2,414
to or from an airport, in vehicles with a seating capacity of 2,415
twenty-five or fewer passengers, over regular routes, in 2,416
competition with a person holding a certificate or certificates 2,417
of public convenience and necessity which include the 2,418
authorization of such service prior to the effective date of this 2,419
section. 2,420
This section does not limit the applicant's right to apply 2,422
for authority under any other provision of the law. 2,423
A person who is granted a certificate to operate regular 2,425
route bus service TRANSPORT PASSENGERS, FOR HIRE, WITHIN THIS 2,426
STATE under this section is subject to, and shall operate in 2,428
compliance with, all other provisions of law applicable to motor 2,429
transportation companies that hold certificates of public 2,430
convenience and necessity.
(B) Notwithstanding any other provision contained in Title 2,432
XLIX of the Revised Code, a person holding a certificate of 2,433
convenience and necessity for the transportation of passengers or 2,434
a person holding a certificate of regular route bus service may, 2,435
at any time, increase and decrease rates in a zone ten per cent 2,436
above its rate or twenty per cent below its rate in effect one 2,437
year prior to the effective date of the proposed rate or its rate 2,438
on the effective date of this section, whichever date is later, 2,439
by filing a revised tariff with the public utilities commission. 2,440
The commission may adopt reasonable rules to permit an adjustment 2,441
in the percentage for an increased rate up to an additional ten 2,442
per cent. Rates filed under this division shall be effective 2,443
immediately upon filing unless a later time is stated in the 2,444
tariff by the applicant, and may not be investigated, suspended, 2,445
revised, or revoked by the commission. This division does not 2,446
limit the applicant's right to apply for rate changes under any 2,447
other provision of the law THE COMMISSION SHALL HAVE NO POWER TO 2,448
FIX, ALTER, OR ESTABLISH RATES FOR THE TRANSPORTATION OF 2,449
PASSENGERS, FOR HIRE, WITHIN THIS STATE, NOR SHALL THE COMMISSION 2,450
58
HAVE THE POWER TO REQUIRE OR ACCEPT THE FILING OF TARIFFS 2,452
ESTABLISHING SUCH RATES.
(C) Notwithstanding any other provision contained in Title 2,454
XLIX of the Revised Code, a person holding a certificate of 2,455
convenience and necessity for the transportation of passengers or 2,456
a person holding a certificate of WHO HAS ESTABLISHED regular 2,457
route bus service may apply for authority to discontinue all or a 2,459
portion of its regular routes, by filing a written application 2,460
NOTICE with the commission THIRTY DAYS PRIOR TO DISCONTINUING 2,461
SUCH REGULAR BUS SERVICE, and within ten days thereafter AFTER 2,462
FILING THE NOTICE WITH THE COMMISSION, by publishing THE notice 2,463
of the application once a day for three different days in a 2,464
newspaper of general circulation published in the county seat of 2,465
each county to which the service extends. Within twenty days 2,466
after the date of filing the application, any person opposing the 2,467
application shall file a written notice of protest with the 2,468
commission. If the application is not opposed, the bus company 2,469
may immediately discontinue such route or routes. If the 2,470
application is opposed, the commission shall, within twenty days, 2,471
hear the application, providing at least ten days' notice to all 2,472
interested parties. 2,473
The commission shall grant the application if the company 2,475
demonstrates that the revenue per mile derived from the route or 2,476
routes proposed to be discontinued is less than the fully 2,477
allocated cost per mile of operating the route or routes to be 2,478
discontinued. If the commission's final order on the application 2,479
is not issued within ninety days after the date of filing the 2,480
application, the company may discontinue the service described in 2,481
the application. 2,482
(D) THE COMMISSION, BY RULE, MAY ESTABLISH STANDARDS FOR 2,484
THE CONSUMER PROTECTION OF PASSENGERS TRANSPORTED BY PERSONS 2,485
HOLDING A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY ISSUED 2,486
UNDER THIS SECTION.
(E) FOR PURPOSES OF THIS SECTION, "PERSON" MEANS PERSONS 2,488
59
ENGAGED IN CHARTER BUS TRANSPORTATION, INCLUDING CHARTER PARTY 2,489
TRIPS AS DEFINED IN SECTION 4923.02 OF THE REVISED CODE. 2,490
"PERSON" ALSO INCLUDES A "MOTOR TRANSPORTATION COMPANY" AS 2,491
DEFINED IN SECTION 4921.02 OF THE REVISED CODE AND A "PRIVATE 2,492
MOTOR CARRIER" AS DEFINED IN SECTION 4923.02 OF THE REVISED CODE. 2,493
Sec. 4923.02. As used in sections 4923.01 to 4923.17 of 2,502
the Revised Code: 2,503
(A) "Private motor carrier" or "contract carrier by motor 2,505
vehicle" includes every corporation, company, association, 2,506
joint-stock association, person, firm, or copartnership, their 2,507
lessees, legal or personal representatives, trustees, or 2,508
receivers or trustees appointed by any court, not included in the 2,509
definition under section 4921.02 of the Revised Code, when 2,510
engaged in the business of private carriage of persons or 2,511
property, or both, or of providing or furnishing such 2,512
transportation service, for hire, in or by motor-propelled 2,513
vehicles of any kind, including trailers, over any public highway 2,514
in this state, but does not include any corporation, company, 2,515
association, joint-stock association, person, firm, or 2,516
copartnership, their lessees, legal or personal representatives, 2,517
trustees, or receivers or trustees appointed by any court: 2,518
(1) Engaged or proposing to engage, directly or 2,520
indirectly, as a private owner or operator of motor vehicles 2,521
employed or used by a private motor carrier, or by a motor 2,522
transportation company as defined in section 4921.02 of the 2,523
Revised Code; 2,524
(2) Insofar as they are engaged in the NOT-FOR-HIRE 2,526
transportation of persons IN CHURCH BUSES AS DEFINED IN SECTION 2,527
4503.07 OF THE REVISED CODE or THE TRANSPORTATION OF property, or 2,529
both, WHEN EITHER TRANSPORTATION IS PERFORMED exclusively within
the territorial limits of a municipal corporation or within such 2,531
limits and the territorial limits of municipal corporations 2,532
immediately contiguous to such municipal corporations; 2,533
(3) Engaged in the transportation of persons in taxicabs 2,535
60
in the usual taxicab business or in hotel busses operating to and 2,536
from hotels; 2,537
(4) Engaged in the transportation of pupils in school 2,539
busses operating to or from school sessions or school events; 2,540
(5) Engaged, as a motor transportation company holding a 2,542
certificate of public convenience and necessity for the 2,543
transportation of persons, in the carriage of persons in 2,544
emergency or additional motor vehicles on charter party trips to 2,545
or from any point within the county or counties in or through 2,546
which such motor transportation company provides regular route 2,547
scheduled service, provided that such use of such emergency or 2,548
additional motor vehicle is reported and the tax paid as 2,549
prescribed by the public utilities commission by general rule or 2,550
temporary order; 2,551
(6) Engaged in the transportation of farm supplies to the 2,553
farm or farm products from farm to market; 2,554
(7) Engaged in the operation of motor vehicles for 2,556
contractors on public road work; 2,557
(8) Engaged in the transportation of newspapers; 2,559
(9) Engaged in the transportation of crude petroleum 2,561
incidental to gathering from wells and delivery to destination by 2,562
pipe line; 2,563
(10) Engaged in the towing of disabled or wrecked motor 2,565
vehicles; 2,566
(11) Engaged in the transportation of injured, ill, or 2,568
deceased persons by hearse or ambulance; 2,569
(12) Engaged in transportation of compost (a combination 2,571
of manure and sand or shredded bark mulch) or shredded bark 2,572
mulch; 2,573
(13) Engaged in the transportation of persons in a 2,575
ridesharing arrangement when any fee charged each person so 2,576
transported is in such amount as to recover only the person's 2,577
share of the costs of operating the motor vehicle for such 2,578
purpose. 2,579
61
(B) "Motor vehicle" includes any automobile, automobile 2,581
truck, tractor, trailer, semitrailer, motor bus, or any other 2,582
self-propelled vehicle not operated or driven upon fixed rails or 2,583
tracks. 2,584
(C) "Charter party trip" means the carriage of persons in 2,586
one or more motor vehicles under a special contract for the 2,587
exclusive use of each such vehicle for each trip, which contract 2,588
shall not provide for continuing operations between the same 2,589
termini, and which operation shall in no event become regular. 2,590
The limitations of section 4921.18 and any other sections of the 2,591
Revised Code as to the seating capacity of such emergency or 2,592
additional motor vehicles operated by a motor transportation 2,593
company do not apply to charter party trips. 2,594
(D) "Ridesharing arrangement" has the same meaning as in 2,596
section 4921.02 of the Revised Code. 2,597
Sec. 4923.20. (A) As used in this section: 2,606
(1) "Private motor carrier" has the same meaning as in 2,608
section 4923.02 of the Revised Code, except that it includes only 2,609
private motor carriers operating on a not-for-hire basis and 2,610
excludes all private motor carriers operating on a for-hire 2,611
basis. 2,612
(2) "Commercial motor vehicle" has the same meaning as in 2,614
the "Commercial Motor Vehicle Safety Act of 1986," 49 U.S.C.A. 2,615
2701, as amended, except that "commerce" means trade, traffic, 2,616
and transportation solely within this state. 2,617
(B) The public utilities commission may adopt and enforce 2,619
rules concerning the safety of operation of commercial motor 2,620
vehicles by private motor carriers, except that the rules shall 2,621
not affect any rights or duties granted to or imposed upon the 2,622
operator of such a motor vehicle by Chapter 4511. of the Revised 2,623
Code. 2,624
(C) The commission may adopt safety rules applicable to 2,626
the transportation of hazardous materials by private motor 2,627
carriers by means of commercial motor vehicles and applicable to 2,628
62
the offering of hazardous materials for such transportation. The 2,629
rules shall be consistent with, and equivalent in scope, 2,630
coverage, and content to, the "Hazardous Materials Transportation 2,631
Act," 88 Stat. 2156 (1975), 49 U.S.C.A. 1801, as amended, and 2,632
regulations adopted under it. 2,633
(D) To achieve the purposes of this section, the 2,635
commission may, through inspectors or other authorized employees, 2,637
inspect any motor vehicles of such carriers and may enter upon 2,638
the premises and vehicles of the carriers to examine any of the 2,639
carriers' records or documents that relate to the safety of 2,640
operation of private motor carriers. In order to assist the
commission in performing its duties under this section, 2,641
authorized employees of the commercial motor vehicle safety 2,642
enforcement unit, division of state highway patrol, of the 2,643
department of public safety may enter in or upon, for purposes of 2,644
inspection, any motor vehicle of any such carrier. 2,645
IN ORDER TO INSPECT MOTOR VEHICLES OWNED OR OPERATED BY 2,647
PRIVATE MOTOR CARRIERS ENGAGED IN THE TRANSPORTATION OF PERSONS, 2,648
AUTHORIZED EMPLOYEES OF THE COMMERCIAL MOTOR VEHICLE SAFETY 2,649
ENFORCEMENT UNIT, DIVISION OF STATE HIGHWAY PATROL, OF THE 2,650
DEPARTMENT OF PUBLIC SAFETY MAY ENTER IN OR UPON THE PREMISES OF 2,651
ANY PRIVATE MOTOR CARRIER ENGAGED IN THE INTRASTATE
TRANSPORTATION OF PERSONS. 2,652
(E) No private motor carrier or person offering hazardous 2,654
materials for transportation by private motor carrier shall fail 2,655
to comply with any order, decision, or rule adopted under this 2,656
section or any order of the commission issued to secure 2,657
compliance with any such rule. 2,658
Sec. 5577.05. No vehicle shall be operated upon the public 2,667
highways, streets, bridges, and culverts within the state, whose 2,668
dimensions exceed those specified in this section. 2,669
(A) No such vehicle shall have a width in excess of: 2,671
(1) One hundred four inches for passenger bus type 2,673
vehicles operated exclusively within municipl MUNICIPAL 2,674
63
corporations; 2,675
(2) One hundred two inches, excluding such safety devices 2,677
are required by law, for passenger bus type vehicles operated 2,678
over freeways, and such other state roads with minimum pavement 2,679
widths of twenty-two feet, except those roads or portions thereof 2,680
over which operation of one hundred two-inch buses is prohibited 2,681
by order of the director of transportation; 2,682
(3) One hundred thirty-two inches for traction engines; 2,684
(4) ONE HUNDRED TWO INCHES FOR RECREATIONAL VEHICLES, 2,687
EXCLUDING SAFETY DEVICES AND RETRACTED AWNINGS AND OTHER 2,688
APPURTENANCES OF SIX INCHES OR LESS IN WIDTH AND EXCEPT THAT THE 2,689
DIRECTOR MAY PROHIBIT THE OPERATION OF ONE HUNDRED TWO INCH 2,690
RECREATIONAL VEHICLES ON DESIGNATED STATE HIGHWAYS OR PORTIONS OF 2,691
HIGHWAYS;
(5) One hundred two inches, including load, for all other 2,693
vehicles, except that the director may prohibit the operation of 2,695
one hundred two-inch vehicles on such state highways or portions 2,696
thereof as the director designates.
(B) No such vehicle shall have a length in excess of: 2,698
(1) Sixty feet for passenger bus type vehicles operated by 2,700
a regional transit authority pursuant to sections 306.30 to 2,701
306.54 of the Revised Code; 2,702
(2) Forty feet for all other passenger bus type vehicles; 2,704
(3) Fifty-three feet for any semitrailer when operated in 2,706
a commercial tractor-semitrailer combination, with or without 2,707
load, except that the director may prohibit the operation of any 2,709
such commercial tractor-semitrailer combination on such state 2,710
highways or portions thereof as the director designates. 2,711
(4) Twenty-eight and one-half feet for any semitrailer or 2,713
trailer when operated in a commercial tractor-semitrailer-trailer 2,714
or commercial tractor-semitrailer-semitrailer combination, except 2,715
that the director may prohibit the operation of any such 2,717
commercial tractor-semitrailer-trailer or commercial
tractor-semitrailer-semitrailer combination on such state 2,718
64
highways or portions thereof as the director designates; 2,719
(5) Seventy-five feet for drive-away saddlemount vehicle 2,721
transporter combinations and drive-away saddlemount with 2,722
fullmount vehicle transporter combinations, not to exceed three 2,723
saddlemounted vehicles, but which may include one fullmount. 2,724
(6) Sixty-five feet for any other combination of vehicles 2,726
coupled together, with or without load, except as provided in 2,727
divisions (B)(3) and (4), and in division (D) of this section; 2,728
(7) FORTY-FIVE FEET FOR RECREATIONAL VEHICLES; 2,730
(8) Forty feet for all other vehicles except trailers and 2,732
semitrailers, with or without load. 2,733
(C) No such vehicle shall have a height in excess of 2,735
thirteen feet six inches, with or without load. 2,736
(D) An automobile transporter or boat transporter shall be 2,739
allowed a length of sixty-five feet and a stinger-steered
automobile transporter or stinger-steered boat transporter shall 2,740
be allowed a length of seventy-five feet, except that the load 2,741
thereon may extend no more than four feet beyond the rear of such 2,742
vehicles and may extend no more than three feet beyond the front 2,743
of such vehicles, and except further that the director may 2,744
prohibit the operation of a stinger-steered automobile 2,747
transporter, stinger-steered boat transporter, or a B-train 2,748
assembly on any state highway or portion thereof that the
director designates. 2,749
The lengths prescribed in divisions (B)(2) to (6)(7) of 2,751
this section shall not include safety devices, bumpers attached 2,752
to the front or rear of such bus or combination, B-train assembly 2,753
used between the first and second semitrailer of a commercial 2,754
tractor-semitrailer-semitrailer combination, energy conservation 2,755
devices as provided in any regulations adopted by the secretary 2,756
of the United States department of transportation, or any 2,757
noncargo-carrying refrigeration equipment attached to the front 2,758
of trailers and semitrailers. In special cases, vehicles whose 2,759
dimensions exceed those prescribed by this section may operate in 2,760
65
accordance with rules adopted by the director. 2,761
(E) This section does not apply to fire engines, fire 2,763
trucks, or other vehicles or apparatus belonging to any municipal 2,764
corporation or to the volunteer fire department of any municipal 2,765
corporation or used by such department in the discharge of its 2,766
functions. This section does not apply to vehicles and pole 2,767
trailers used in the transportation of wooden and metal poles, 2,768
nor to the transportation of pipes or well-drilling equipment, 2,769
nor to farm machinery and equipment. The owner or operator of 2,770
any vehicle, machinery, or equipment not specifically enumerated 2,771
in this section but the dimensions of which exceed the dimensions 2,772
provided by this section, when operating the same on the highways 2,774
and streets of this state, shall comply with the rules of the 2,775
director governing such movement, which the director may adopt. 2,776
Sections 119.01 to 119.13 of the Revised Code apply to any rules 2,777
the director adopts under this section, or the amendment or 2,779
rescission thereof, and any person adversely affected shall have 2,780
the same right of appeal as provided in those sections. 2,781
This section does not require the state, a municipal 2,783
corporation, county, township, or any railroad or other private 2,784
corporation to provide sufficient vertical clearance to permit 2,785
the operation of such vehicle, or to make any changes in or about 2,786
existing structures now crossing streets, roads, and other public 2,787
thoroughfares in this state. 2,788
(F) AS USED IN THIS SECTION, "RECREATIONAL VEHICLE" HAS 2,790
THE SAME MEANING AS IN SECTION 4501.01 OF THE REVISED CODE. 2,791
Sec. 5577.11. No person shall drive or operate, or cause 2,800
to be driven or operated, any commercial car, trailer, or 2,801
semitrailer, used for the transportation of goods or property, 2,802
the gross weight of which, with load, exceeds three tons, upon 2,803
the public highways, streets, bridges, and culverts within this 2,804
state, unless such vehicle is equipped with suitable metal
protectors or substantial flexible flaps on the rearmost wheels 2,805
of such vehicle or combination of vehicles to prevent, as far as 2,806
66
practicable, the wheels from throwing dirt, water, or other 2,807
materials on the windshields of following vehicles. Such 2,808
protectors or flaps shall have a ground clearance of not more 2,809
than one fifth THIRD of the distance from the center of the 2,810
rearmost axle to the center of the flaps under any conditions of 2,811
loading of the vehicle, and they shall be at least as wide as the 2,812
tires they are protecting. If the vehicle is so designed and
constructed that such requirements are accomplished by means of 2,813
fenders, body construction, or other means of enclosure, then no 2,814
such protectors or flaps are required. Rear wheels not covered 2,815
at the top by fenders, bodies, or other parts of the vehicle 2,816
shall be covered at the top by protective means extending at 2,817
least to the center line of the rearmost axle.
Section 2. That existing sections 4501.01, 4501.27, 2,819
4503.07, 4506.01, 4506.09, 4506.13, 4506.16, 4507.10, 4507.11, 2,820
4511.77, 4513.071, 4513.20, 4513.261, 4513.60, 4513.99, 4905.06, 2,821
4919.79, 4921.02, 4921.101, 4923.02, 4923.20, 5577.05, and 2,822
5577.11 of the Revised Code are hereby repealed.
Section 3. (A) A study committee is hereby established to 2,825
study the feasibility of requiring insurance companies issuing 2,826
motor vehicle liability insurance policies in this state to 2,827
report certain policy information to the Registrar of Motor 2,828
Vehicles. The study committee shall consist of eight members, 2,829
including the Director of Public Safety or the Director's
designee, the Superintendent of Insurance or the Superintendent's 2,830
designee, two members appointed by the Governor, two members 2,831
appointed by the Speaker of the House of Representatives, and two 2,832
members appointed by the President of the Senate. Of the members 2,833
appointed by the Governor, one shall represent an Ohio-based 2,834
automobile insurance company or organization, and one shall be an 2,835
automobile insurance agent. Of the members appointed by the 2,836
Speaker of the House of Representatives, both shall be members of 2,837
the House of Representatives and only one shall be of the same 2,838
political party as the Speaker. Of the members appointed by the 2,839
67
President of the Senate, both shall be members of the Senate and 2,840
only one shall be of the same political party as the President. 2,841
The Governor, Speaker, and President shall make their 2,842
appointments within two weeks after the effective date of this 2,843
section. The Director of Public Safety or the Director's 2,844
designee and the Superintendent of Insurance or the 2,845
Superintendent's designee shall serve as co-chairpersons of the 2,846
study committee.
(B) The study committee shall begin meeting as soon as 2,848
practicable after the effective date of this section and shall 2,849
consider all of the following: 2,850
(1) Whether insurers should be required to report all 2,852
motor vehicle liability insurance renewals, cancellations, or 2,853
lapses to the Registrar and, if so, the time within which the 2,854
report should be made; 2,855
(2) Whether insurers should be required to report the 2,857
issuance of new motor vehicle policies to the Registrar and, if 2,858
so, the time within which the report should be made; 2,859
(3) The impact of such required reporting on the costs 2,861
incurred by the insurance industry and the potential for 2,862
increased insurance premiums; 2,863
(4) The form and content of any recommended reports; 2,865
(5) Whether the Director of Public Safety, the 2,867
Superintendent of Insurance, or the Registrar should be required 2,868
or authorized to adopt rules under Chapter 111. or 119. of the 2,869
Revised Code to implement any recommended reporting requirements; 2,870
(6) What sanctions should be imposed for any failure by an 2,872
insurer to timely file any required report; 2,873
(7) What uses should be made of the reported information, 2,875
including whether the information should be excluded from the 2,876
public records provisions of section 149.43 of the Revised Code; 2,877
(8) What notice, if any, should be provided to the person 2,879
whose insurance has been reported lapsed or canceled; 2,880
(9) Whether the insurer should be granted immunity from 2,882
68
civil liability for failure to make a report; 2,883
(10) Any other related issues the Registrar or the members 2,885
of the study committee consider relevant. 2,886
(C) The study committee shall consider provisions 2,888
contained in the laws or regulations of other states regarding 2,889
motor vehicle liability insurance verification. 2,890
(D) Not later than one year after the effective date of 2,892
this section, the study committee shall prepare a comprehensive 2,893
report, including findings and recommendations, and shall submit 2,894
the report to the Governor, the Registrar of Motor Vehicles, the 2,895
Speaker of the House of Representatives, the President of the 2,896
Senate, and the Chairpersons of the Insurance and Transportation 2,897
committees of the House of Representatives and the Senate. After 2,898
submitting its report, the study committee shall cease to exist. 2,899
Section 4. That Section 82 of Am. Sub. H.B. 283 of the 2,901
123rd General Assembly be amended to read as follows: 2,902
"Sec. 82. DHS DEPARTMENT OF PUBLIC SAFETY 2,904
General Revenue Fund 2,906
GRF 763-403 Operating Expenses - 2,909
EMA $ 4,090,853 $ 3,574,514 2,911
GRF 763-409 MARCS Operations and 2,913
Maintenance $ 740,284 $ 735,997 2,915
GRF 763-507 Individual and Family 2,917
Grants $ 100,000 $ 105,000 2,919
GRF 764-404 Transportation 2,921
Enforcement
Operations $ 2,156,879 $ 2,157,207 2,923
2,957,207 2,924
GRF 769-321 Food Stamp 2,926
Trafficking
Enforcement
Operations $ 716,936 $ 897,720 2,928
TOTAL GRF General Revenue Fund $ 7,804,952 $ 7,470,438 2,931
8,270,438 2,932
69
TOTAL ALL BUDGET FUND GROUPS $ 7,804,952 $ 7,470,438 2,937
8,270,438 2,938
American Red Cross Disaster Preparedness and Training 2,941
Of the foregoing appropriation item 763-403, Operating 2,943
Expenses - EMA, up to $500,000 in fiscal year 2000 shall be 2,945
distributed to the American Red Cross in Ohio for disaster 2,946
preparedness and emergency training.
The Ohio Emergency Management Agency shall develop an 2,948
agreement between the State of Ohio Chapters of the American Red 2,949
Cross to specify the terms by which these funds shall be 2,950
requested, distributed, and accounted for to enhance the disaster 2,951
response capability of the American Red Cross in Ohio. Funds
shall not be used for administrative costs. The Ohio Emergency 2,952
Management Agency shall require of the American Red Cross a plan 2,953
that facilitates implementation of the current Statement of 2,954
Understanding between the State of Ohio and the American Red 2,955
Cross. The release of funds shall be contingent upon a plan that
is satisfactory to both parties. 2,956
Ohio Task Force One - Urban Search and Rescue Unit 2,958
Of the foregoing appropriation item 763-403, Operating 2,960
Expenses - EMA, $200,000 in each fiscal year shall be used to 2,962
fund the Ohio Task Force One - Urban Search and Rescue Unit. 2,963
MARCS Operations and Maintenance Transfers 2,965
Upon the request of the Director of Public Safety, the 2,967
Director of Budget and Management shall transfer up to $304,284 2,968
in cash in fiscal year 2000 and $303,550 in cash in fiscal year 2,969
2001 by intrastate transfer voucher from appropriation item 2,970
763-409, MARCS Operations and Maintenance, to Fund 4S2, MARCS 2,971
Maintenance Fund.
Upon the request of the Director of Public Safety, the 2,973
Director of Budget and Management shall transfer up to $436,000 2,974
in cash in fiscal year 2000 and $432,447 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 4W6, MARCS 2,977
70
Operations Fund.
IFG State Match 2,979
The foregoing appropriation item 763-507, Individual and 2,981
Family Grants, shall be used to fund the state share of costs to 2,982
provide grants to individuals and families in cases of disaster. 2,983
TRANSPORTATION ENFORCEMENT OPERATIONS 2,986
OF THE FOREGOING APPROPRIATION ITEM 764-404, TRANSPORTATION 2,988
ENFORCEMENT OPERATIONS, UP TO $800,000 IN FISCAL YEAR 2001 SHALL 2,990
BE USED FOR THE DEPARTMENT OF PUBLIC SAFETY'S BUS INSPECTION
PROGRAM.
THE DEPARTMENT OF PUBLIC SAFETY SHALL PREPARE A REPORT 2,992
PROVIDING PROGRAM COSTS, REVENUES, AND NUMBER OF INSPECTIONS FROM 2,993
THE BUS INSPECTION PROGRAM'S DATE OF ENACTMENT THROUGH MARCH OF 2,994
2001. THE REPORT SHALL INCLUDE A PLAN TO FUND ANY SHORTFALLS 2,995
BETWEEN COSTS AND REVENUES FOR THE FISCAL YEAR 2002 TO FISCAL 2,996
YEAR 2003 BIENNIUM. THE DEPARTMENT SHALL PROVIDE THE REPORT TO
THE SENATE PRESIDENT, HOUSE SPEAKER, CHAIR OF SENATE FINANCE AND 2,998
FINANCIAL INSTITUTIONS, CHAIR OF HOUSE FINANCE AND 2,999
APPROPRIATIONS, AND THE LEGISLATIVE BUDGET OFFICE NO LATER THAN 3,002
APRIL 16, 2001."
Section 5. That existing Section 82 of Am. Sub. H.B. 283 3,004
of the 123rd General Assembly is hereby repealed. 3,005
Section 6. Sections 4 and 5 of this act, which appropriate 3,008
money for the current expenses of state government, and section 3,009
4513.53 of the Revised Code, as enacted by this act, are not 3,010
subject to the referendum. Therefore, under Ohio Constitution, 3,011
Article II, Section 1d and section 1.471 of the Revised Code, 3,012
these items go into immediate effect when this act becomes law. 3,013
Section 7. Section 4501.01 of the Revised Code is 3,015
presented in this act as a composite of the section as amended by 3,016
both Am. Sub. H.B. 611 and Am. Sub. S.B. 142 of the 122nd General 3,017
Assembly, with the new language of neither of the acts shown in 3,018
capital letters. Section 4506.01 of the Revised Code is presented 3,019
in this act as a composite of the section as amended by both Am. 3,021
71
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 3,022
letters. Section 4507.10 of the Revised Code is presented in 3,023
this act as a composite of the section as amended by Am. Sub. 3,025
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 3,027
acts shown in capital letters. This is in recognition of the 3,028
principle stated in division (B) of section 1.52 of the Revised 3,029
Code that such amendments are to be harmonized where not 3,030
substantively irreconcilable and constitutes a legislative 3,031
finding that such is the resulting version in effect prior to the 3,032
effective date of this act.
Section 8. The codified and uncodified sections contained 3,034
in this act, except for this section, the emergency clause, and 3,035
section 4501.27 of the Revised Code, as amended by this act, take 3,036
effect on the ninety-first day after this act is filed with the 3,037
Secretary of State. 3,038
Section 9. This act is hereby declared to be an emergency 3,040
measure necessary for the immediate preservation of the public 3,041
peace, health, and safety. The reason for such necessity is 3,042
that, by June 1, 2000, this state must be in compliance with 3,043
recent federal changes to federal Driver's Privacy Protection 3,044
Act. Therefore, this act shall go into immediate effect. 3,045