As Introduced                            1            

123rd General Assembly                                             4            

   Regular Session                                  S. B. No. 237  5            

      1999-2000                                                    6            


                          SENATOR CUPP                             8            


_________________________________________________________________   10           

                          A   B I L L                                           

             To amend section 4508.01 and to enact section         12           

                4508.09 of the Revised Code to permit a joint      13           

                vocational school district to be licensed as a                  

                commercial driver training school and to offer     14           

                instruction and training to students other than    15           

                regular full-time students in the operation of                  

                trucks, commercial cars, and commercial tractors,  16           

                trailers, and semi-trailers.                                    




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        18           

      Section 1.  That section 4508.01 be amended and section      20           

4508.09 of the Revised Code be enacted to read as follows:         21           

      Sec. 4508.01.  As used in sections 4508.01 to 4508.07,       30           

inclusive, 4508.09 of the Revised Code:                            33           

      (A)  "Commercial driver training school" or "school" means   35           

a BOTH OF THE FOLLOWING:                                           36           

      (1)  A business enterprise conducted by an individual,       39           

association, partnership, or corporation, for the education and    40           

training of persons, either practically or theoretically, or       41           

both, to operate or drive motor vehicles, and charging a                        

consideration or tuition for such services;                        42           

      (2)  A JOINT VOCATIONAL SCHOOL DISTRICT AS DESCRIBED IN      44           

SECTION 4508.09 OF THE REVISED CODE.                               45           

      (B)  "Instructor" means any person, whether acting for       48           

himself SELF as operator of a commercial driver training school    49           

or for such a school for compensation, who teaches, conducts       50           

classes of, gives demonstrations to, or supervises practice of,    51           

                                                          2      


                                                                 
persons learning to operate or drive motor vehicles.               52           

      Sec. 4508.09.  (A)  A JOINT VOCATIONAL SCHOOL DISTRICT MAY   54           

APPLY FOR A COMMERCIAL DRIVER TRAINING SCHOOL LICENSE FOR THE      55           

PURPOSE OF PROVIDING INSTRUCTION AND TRAINING TO INDIVIDUALS       57           

OTHER THAN REGULARLY ENROLLED FULL TIME STUDENTS IN THE OPERATION               

OF TRUCKS, COMMERCIAL CARS, AND COMMERCIAL TRACTORS, TRAILERS,     59           

AND SEMI-TRAILERS.  EXCEPT AS PROVIDED IN DIVISION (B) OF THIS     60           

SECTION, UPON THE DISTRICT'S COMPLIANCE WITH ALL PROVISIONS THAT   62           

GOVERN THE ISSUANCE OF A LICENSE TO A COMMERCIAL DRIVER TRAINING   63           

SCHOOL TO OFFER INSTRUCTION AND TRAINING IN THE OPERATION OF       64           

TRUCKS, COMMERCIAL CARS, AND COMMERCIAL TRACTORS, TRAILERS, AND                 

SEMI-TRAILERS, THE DIRECTOR OF PUBLIC SAFETY SHALL ISSUE A         65           

LICENSE TO THE JOINT VOCATIONAL SCHOOL DISTRICT IN THE FORM AND    66           

MANNER THE DIRECTOR PRESCRIBES.  UPON THE ISSUANCE OF THE          67           

LICENSE, THE JOINT VOCATIONAL SCHOOL DISTRICT MAY OFFER            68           

INSTRUCTION AND TRAINING IN THE OPERATION OF TRUCKS, COMMERCIAL    69           

CARS, AND COMMERCIAL TRACTORS, TRAILERS, AND SEMI-TRAILERS AND     71           

MAY CHARGE AND RETAIN A FEE FOR THAT INSTRUCTION AND TRAINING.                  

      (B)  THE DIRECTOR SHALL ISSUE A NEW LICENSE TO A JOINT       73           

VOCATIONAL SCHOOL DISTRICT UNDER DIVISION (A) OF THIS SECTION IF   74           

THE DISTRICT COMPLIES WITH ALL PROVISIONS THAT GOVERN THE          75           

ISSUANCE OF A LICENSE TO A COMMERCIAL DRIVER TRAINING SCHOOL TO    77           

OFFER INSTRUCTION AND TRAINING IN THE OPERATION OF TRUCKS,                      

COMMERCIAL CARS, AND COMMERCIAL TRACTORS, TRAILERS, AND            79           

SEMI-TRAILERS OTHER THAN ANY PROVISION OF A RULE REQUIRING         80           

INSURANCE COVERAGE.  IF A DISTRICT COMPLIES WITH ALL PROVISIONS    81           

GOVERNING THE ISSUANCE OF A LICENSE OTHER THAN THE INSURANCE       83           

COVERAGE PROVISIONS, THE DIRECTOR SHALL ISSUE THE NEW LICENSE ON   84           

THE CONDITION THAT THE JOINT VOCATIONAL SCHOOL DISTRICT OBTAIN     85           

THE REQUIRED INSURANCE COVERAGE AND SUBMIT PROOF OF THE INSURANCE  86           

COVERAGE TO THE DIRECTOR NOT LATER THAN SIXTY DAYS AFTER THE DATE  87           

OF ISSUANCE OF THE LICENSE.                                        88           

      Section 2.  That existing section 4508.01 of the Revised     90           

Code is hereby repealed.                                           91           

                                                          3      


                                                                 
      Section 3.  An educational institution that, on the          93           

effective date of this act, is acting as a commercial driver       94           

training school and is licensed under Chapter 4508. of the         95           

Revised Code shall retain its license and be eligible to renew                  

its license so long as the educational institution meets all the   96           

requirements for retaining and renewing its license.               97